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COPYRIGHT DEPOSIT. 







































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(X \J 

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Election Laws 


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OF THE 


State of California 


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« • 


• • 


1917-18 




Copyright 1917 
A. CARLISLE & CO. 



©C!.A 47 6 1 23 

SEP 18 191/ 


! ■ 
K * 


Table of Contents 


CHAPTER I. 

Citizenship as defined in the Constitution 
of the United States.. .p. 1 

CHAPTER II. 

Sections from the Revised Statutes of the 
United States relating to citizenship.. p. 2 

CHAPTER III. 

Sections from Constitution of Calif orniap. 11 

CHAPTER IV. 

Sections of the Political Code relating to 


elections.p. 32 

CHAPTER V. 

Sections of the Penal Code relating to 
elections.p. 191 

CHAPTER VI. 

Sections of the Code of Civil Procedure 
relating to elections.p. 207 

CHAPTER VII. 

Important Statutes of California relating 

to elections.p. 262 

Direct Primary Law of 1913.p. 312 

Presidential Primary Act.p. 215 

Conduct of Election Campaigns.p. 227 

Voting Machines.pp. 234-261 

Special acts concerning special election 
districts.p. 262 

CHAPTER VIII. 

Municipal Corporations.pp. 281-300 

Organization and Incorporation of... .p. 268 

Classification of. . . *.p. 288 

Direct Legislation by::.p. 270 

Recall of Officers of.p. 296 

Control of Public Utilities.p. 300 
























INDEX 


A Section. 

Absence does not affect residence 12 

Abstract of votes for judicial 

officers, etc.1288-1289 

Abstracts of votes for Governor 

and Lieutenant-Governor. 1292-1297 
Abstract of votes for Electors to 

be made by County Clerk 1308 
Abstract of votes for Electors, how 

transmitted.1309-1312 


Page. 

25 

171-172 

173 

174 

174-175 


Abstract of votes for Representa¬ 



tives to Congress. 

1288 

171 

(See also Returns) 



Action in Court, on claim, when 



not maintained. 

4 

230 

To compel registration. j 

1108 

1110 

99 

100 

To cancel illegal registration. 1109- 

-1112 

99- 

To set aside election.1121- 

-1123 

211- 

To annul, election must be 



brought within what time 

1115 

208 

In what Court to be com¬ 



menced . 

1118 

210 

Acts, when take effect. 

1] 


Enacting clause of. 

1 

14 

How submitted to the people.. 

lj 



Affidavits of registration (See also 
registration) 

Affidavits must show. 1094r-1097 

Binding of.1095a-1113 

Cancellation. 1104 

Certified copy prima facie evi¬ 
dence. 1117 

Form of.1095a-1096 

Index to... 1115 

Transmit copy of index to 
State Librarian. 1115 


84-91 

87-100 

96 

102 

87-89 

101 

101 



















11 


INDEX. 


Section. Page. 


Affidavits of registration—Cont’d. 
Military Duty—Statement as 

to. 

Must not register in two 
counties. 

Party affiliation on. 

Precinct Book—Distribution 

of. 

Preservation of. 

Primary elections. 

Return of Affidavits. 

Special elections. .. ; . 

Transfers.*. 

Africans may be admitted to citi¬ 
zenship . 

Aliens (See Citizenship) 
Amendments to Constitution (See 
Constitutional Amend¬ 
ments) 

Annexation Act of 1913. 

Appointment of Election Board 
(See Election Officers) 

Arrest, privileged from.< 

Assemblymen, Election of. 

Assembly Districts. 

Division of state into. 

Number of. 

Precinct boundaries not 

changed. 

Assistance to disabled voters. 

Assisted voters list. 

Assisted voters affidavits. 


B 

Ballots.. 

Ballot paper. 

Bids for, not required. 
Binding of. 


1897 

178 

1104 

96 

1096 

1096a-1097 

| 89- 

1116 

106 

1103 

96 

1346 

15 

1095a 

87 

1121 

211 

1094 

84 

2169 

9 



262 

2 

12 

1069 

75 

228 

71 

229 

72 

90 

48 

6 

20 

229 

72 

1208 

150 

1208 

150 

1208 

150 


5 

13 

1196 

129 

1079 

81 

1198 

143 


























INDEX. iii 

Section. Page. 

Ballots—Continued. 

Blank column. 1197 131 

Changing by Election officers. 48 193 

Changing, destroying, adding 

to, mixing, stuffing. 45 192 

Changing, or altering returns. 48 193 

Charge for. 1185 123 

Counting of....1252-1257 161-162 

County clerk to furnish. 1196 129 

Delivery of. 1201 144 

Destruction of unused. 1199 143 

Elections shall be by. 5 8 

Endorsement on back. 1197 131 

Errors of publication to be 

corrected. 1200 143 

Folding of. 1205 147 

Form of, and arrangement of 

names. 1197 131 

General ticket. 1197 131 

How long kept.1265-1266 165-166 

Independent tickets. 11971 

Instructions on. 1197^ 131 

Margin on. 1197 J 

Marking of. 1205 147 

Misdemeanor—Printing or cir¬ 
culating. 62 203 

Municipal ticket, different tint 1197 131 

Municipal ticket a local charge 1185 123 

Names in parallel columns... . 1197 131 

Name can appear but once.. .. 1197 131 

Not counted. 1211 147 

Number on. 1197 131 

Number must be removed. . . . 1209 151 

Number of, to be provided.... 1199 143 

Officer marking. 49 

Paper for. 1196 129 

Party designation on. 11971 ^i 

Preparation of. j 2205 147 

Printing, binding, and record¬ 
ing of. 1198 143 




























IV 


INDEX. 


Ballots—Continued. 

Provided by clerk. 

Public expense. 

Receipts for. 

Record of. 

Replacing in box. 

Spoiled, to be cancelled and 

returned. 

Sample ballots—regular. 

Sample ballots—primary. 

Sample ballots—Presidential 


Section. Page. 


1196 

1185 

1201 

1258 

1255 

1207 

1210 

13 


81 

129 

123 

144 

163 

162 

149 

151 

344 


x 11 in O/i y . 

Sealed packages. 

1201 

144 

Separate ballots. 

11961 

129 

Size of. 

1196/ 

Strung. 

1259 

163 

Titles.| 

1195a 

1197 

128 

131 

Type of. 

1197 

131 

Unfolding or marking. 

49 

194 

Unused. 

1207 

149 

Void. 

1211 

152 

Voted. 

Watermark — secret — when 

1205 

147 

changed. 

1196 

129 


(See also Primary elections 
and voting machines) 

Ballot-box.1162-1203 


120-145 


Carrying away. 

45 

192 

Ballot Titles.j 

1195a 

1197 

128 

129 

Betting on elections. 

60 

203 

Blanks to be furnished by the/ 

1073 

76 

County Clerk.\ 

4025 

185 


Boards of Election (See Election 
Officers) 

Boards of Election Commissioners 
(See Election Commissioners) 

Booths. 


1203 

1206 


145 

148 




























INDEX. 


v 


Section. 

Page. 

Bond—official. 

4022 

183 

Boulevard districts. 


262 

Bribery. 

10 

24 

Legislative caucuses. 

57 

200 

Primary law. 

32 

367 

C 

California Irrigation Act. 


262 

Candidates, nomination of. 

1188 

124 

For President. 


215 

For delegate to national con¬ 
ventions . 


215 

Who eligible to county, dis¬ 
trict or township office.. . 

4023 

184 

Bet or wager unlawful. 

60 

203 

Filing statement of expenses. . 

1 

227 

May avoid responsibility for 
illegal payment. 

1 

227 

May incur what expenses. 

3 

228 

Nomination of other than by 
Primary Election. 

1188 

124 

Anonymous circulars. 

62b 204 

Intended to injure. 

62a 203 

Soliciting, demanding or pledg¬ 
ing votes of, for or against 
bill. 

55a 200 

(See also Election Campaigns, 
Primary Elections) 

Canvass of returns.1252- 

-1257 

161-162 

Comparing lists.1254- 

-1256 

161-162 

How made. 

1281 

169 

Governor and Lieutenant-Gov¬ 
ernor .1296- 

-1297 

173 

Postponement of. 

1280 

168 

Primaries. 

21 

348 

Supervisors meet—when. 

1278 

168 

Certificate of allowance of claims . 

5 

231 
























VI 


INDEX. 


Certificates of election— 

Section. 

Page. 

Issued by County Clerk. 

1284-1297 

171-173 

Issued by Governor. . . 

1314-1347 

175-178 

Issued by Secretary of State.. 
Secretary of State certify to 
Governor votes of Repre- 

1290 

172 

sentatives. 

Certificates of nomination other 

1346 

178 

than at primary. 

1188 

124 

Preservation of. 

1193 

126 

Filed. 

1188 1 

What must show. 

1188 


When not filed. 

Each certificate must be sep¬ 

1188 

> 124 

arate paper. . . 

1188 

Each signer must verify. . . 
Must be boimd. ... 

1188 
1188 
1188 j 


Duty of Clerk. 


Time for filing. . . . 

1192) 

> 125 

Defects in. 

11921 

1213 

Fraudulent making of 

153 

Bribery. 

(See also Primary Elections) 

57 

200 


Challenges— 

Determining place of resi¬ 
dence . 

Grounds of. 

List of. ’ 

Overruled. 

Primary elections.’. ' 

Refused to be sworn. 

Rules must be read. 

Children of citizens born abroad. . 

Of naturalized aliens. 

Chinese may not be naturalized 
Cities (see Municipal corporations) 
Citizens— 


1239-1240 

1230-1237 

1243 

1204 

16 

1238 

1241 

1993 

2172 


159-161 

156-159 

161 

146 

346 

159 

161 

6 

10 

9 


Not of this State, rights and 

duties of. 

Who are not. 

Who are. 


59-60 33 

57 33 

51 32 






























INDEX. 


vii 


Section. Page. 

Citizens as defined by U. S. Con¬ 


stitution. 1 1 

Alien enemies not admitted... 2171 9 

Aliens of African nativity and 

descent. 2169 9 

Aliens enlisted in U. S. Army. 2166 8 

Aliens enlisted in U. S. Navy 

or Marine Corps. .... 8 

Children of citizens born 

abroad. 1993 6 

Children of alien patents. .... 7 

Children of naturalized aliens. 2172 10 

Children born abroad—inten¬ 
tion—oath. .... 7 

Chinese not to be naturalized. .... 9 

• Interference by officers of 

Army or Navy. 2003 7 

Women—married. 1994 6 

W omen — American — married 

to foreigners. .... 6 

Women—foreign—married to 

Americans. .... 6 


Residence—term of required.. 
Right to vote not affected by 

race, color, etc. 

Seamen. 

Civil Service Application, When.. 
Claims (See Election Expenses).. 

Not allowed—when. 

Clerks (See Election Officers). 

Commissions to be issued by Gov¬ 
ernor . . 

Committee, duty of. 

Shall appoint treasurer. 

Improper expenditures by, 
what are. 


2170 9 

2004 7 

2174 10 

1079 81 

4-5 230-231 
7 232 
1142 110 


1291 172 



54-54b 196-197 


May expend money for what 


purposes. 3 228 

Vouchers. 1 227 






















viii INDEX. 

Committee, duty of—Cont’d. 

When to pay claims for elec¬ 
tion expenses. 

Statement, where filed. 

Compensation of messenger for de¬ 
livery of abstracts of votes 

Of officers of election. 

Assignment of, by election 

officer. 

Conduct of voters. 

Congressmen, election for.1343-1347 

1289 


don. 

Page. 

4 

230 

2 

228 

1312 

175 

1072 

76 

1072a 

76 

1215 

154 


177-178 

172 


Transmission of returns for. 

Vote for, to be compared by 

Secretary of State. 

Congressional districts, division off 

State into.\ 

Consolidation of Mimicipal Corpo¬ 
rations . 

Consolidation of Elections. 

Constitutional amendments— 

Arguments on. 

How printed on ballot. 

Pamphlets for advertising— 

number to be printed.1195a-l 195b 128-129 

Pamphlets for advertising— 
when printed and mailed. 

Returns for. 

To be kept at polling place .. . 

Titles to. 

Contest of election, who may. j 

when to 


1346 

27 

117 


1195 

1197 


178 

21 

70 

262 

262 

126 

131 


1195b 129 
1289 172 
1195b 129 
1195a 128 
1111 207 
1124 212 


Conduct of judges, 

annul. 1112 207 

Conduct of judges, when not 

annulled. 1113 208 

Illegal votes do not annul, 

when. 1114 208 

Proceedings on contest. 1115 208 

Statement of cause of contest. 1116-1117 209-210 

Special session of Court. 1118 210 






















INDEX. 


IX 


Section. Page. 

Contest of election, who may—Cont’d. 

Citation to issue. 1119 211 

Witnesses must be subpoenaed 1120 211 

Of primary elections. 28 361 

When election void. 1127 215 

Hearing of. 1121 211 

Rules governing trial and de¬ 
termination. 1122 212 

Court may declare who elected 1123 212 

Tie vote, who may contest.... 1124 213 

Costs of proceedings. 1125 214 

Right of appeal to District 

Court of Appeal. 1126 214 

Corporation, not to influence vote 

of employees. 59 201 

Counterfeiting returns. 48 193 

Counties— 

Direct legislation by. 4058 186 

Initiative and referendum in .. 4058 186 

Recall of officers of. 4021a 179 

County Clerk, duty of, as to elec- 


Duty of, as to election of Con¬ 
gressmen. 1288 171 

Duty of, as to certificates of 

nomination. 1193 126 

Refusal to enter on Great Reg¬ 
ister. 1108 99 

To deliver ballots. 1201 144 

To furnish ballots. 1196 129 

f 1289 172 

To make certified abstracts . . < \< 2&2 ^73 

To issue certificates of election 1284 171 

To file certificates of nomina¬ 
tion. . 1192 126 

To certify to registration. 1107 99 

To make certified abstracts of 

State returns. 1288 171 

To make abstract of returns 

forelectors. 1308 174 























X 


INDEX. 


Section. Page. 

County Clerk, duty of, as to elec¬ 
tion returns—Cont’d. 

When statement filed with.... 1 227 

May employ extra help for ex¬ 
amining signatures for a 

municipal office. 1083b 84 

(See also Primary Elections) 

County Irrigation Districts. .... 262 

County Officers, when elected. 4021 178 

Official bonds of. 4022 183 

Who are eligible. 4023 184 

Removal or recall of. 4021a 179 

County Power Pumping Districts . .... 262 

County Surveyor, duties of. 1125 104 

County Water Districts. .... 262 

Crimes.. 40-64b 191-205 

Criminals—list of, to be furnished 1106a 99 

D 

Declaration of result of election by 

Board of Supervisors. 1283 171 

Of canvass.1278-1297 168-173 

Delegates to national nominating 

conventions, election of... .... 215 

Direct Primary Law— 

(See Primary Elections) 

Direct legislation by the people... 1 13 

In cities and towns. .... 290 

In counties. 4058 186 

Drainage districts. .... 263 

Dueling, effect of. 2 24 

E 

Election bets. 60 203 

Boards.1142-1151 110-119 

Boards, Special. 1151 119 

Certificates of. 1284 171 





















INDEX. 



Section. 

Page. 

Election expenses. 


223 

Statement to be filed by can¬ 
didate . 

1\ 

227 

Statement to be recorded. 

1 / 

Duty of committee in charge 
of election. 

2 

228 

Legitimate expenses. 

3 

228 

Claims, presentment and pay-., 
ment of. 

4 

230 

Claims not presented in time.. 

5 

231 

Places where liquor is sold.... 

6 

232 

Name of printer. 

7 

232 

Act of 1893 repealed. 

8 

233 

Penalty for offending against 
act. 

9 

233 

Competent witness. 

10 

233 

Expenses subject to Election 
Commissioners. 

1079 

81 

Election Commissioners, duties of 

1216 

155 

Board of, who shall constitute 

1075 

77 

Term of office. 

1075 

77 

Vacancies, how filled. 

1075 

77 

Salaries of. 

1075 

77 

Powers of. 

1076 

79 

Secretary of. 

1077 

79 

Clerks of. 

1077 

79 

Powers of clerk and secretary. 

1077-8 

79-81 

Application of article relating 



to. 

1080 

82 

Shall control and supervise 
expenditures. 

1079 

81 

Invite proposals and let con¬ 
tract for work and ma¬ 
terial . 

1079 

81 

Election, aiding and abetting cer¬ 
tain frauds on. 

52 

195 

Acting as an officer without 
being appointed or quali¬ 
fied. 

40 

191 

Betting on. 

60 

203 

























INDEX. 


xii 

Section. Page. 

Election, aiding and abetting cer¬ 
tain frauds on—Cont’d. 

Claims for money expended in 4 230 

Committee to appoint treas¬ 
urer . 2 228 

Furnishing money for. 54 196 

Furnishing liquors on election 

day.. 63b 204 

Persons refusing to be sworn 

or answer at. 43 192 

Purposes for which moneys 

may be used in. 3 228 

Statement of moneys used in.. 1-2 227-228 

Violation of laws relating to, 

generally. 41 191 

Violation of laws of, by per¬ 
sons not officers. 61 203 

Elections, when held— 

General. 1041 72 

Primary. 3 316 

Special, what are. 1043 72 

Special municipal. 1044 72 

Election Officers— 

Advertising for. 1142 110 

Application to serve. 1142 110 

Appointment of. 1142 110 

Acting when ineligible. 49a 194 

Affidavits to registration. 1116 102 

Index to. 1116 102 

Ballot-box—must exhibit. 1162 120 

Ballots—changing and altering 48 193 

Challenges. 1243 161 

Compensation. 1072 76 

Conduct of. 1215 154 

Assignment of—mis¬ 
demeanor. 1072a 76 

Disclosing name of candidate 

voted for. 49 194 

Duties of.1131-1142 107-110 

Inspector—duties of. 1145 118 


























INDEX. 

Election Officers—Continued. 


xiii 

Section. Page. 


Eligible—who. 

....1142-1151 

110-119 

Failure to appoint. 

1142 

110 

Fraudulent acts of. 

57a 201 

Instructions to. 

1142a 

118 

Interference with. 

. . . . 45 

192 

Justice of the Peace—duties of 1132 

108 

Municipal election. 

.... 1131-1151- 

-107-119 

Neglect to attend. 

1142 

110 

Oath. 

1142 

110 

Poll list—must keep. 

.... 1174-57a 

122-201 

Polls—close—open. 

1160 

120 

Proclaim open. 

1163 

121 

Proclaim closed. 

1164 

121 

Post register. 

...1149-1150 

119 

Primary elections. 

15 

346 

Refusal to act. 

1142 

110 

Penalty. 

49a 

194 

Residence of voter—how 

de- 


termined. 

. ...1239-1240 

159-161 

Result of vote—send to... 

1261 

164 

Returns—made to. 

....1263-1264 

164-165 

Changing or altering. . 

... 41-48-49| 

191-193 

194 

Roster of voters. 

1264 

165 

Seal up papers. 

1261 

164 

Special elections. 

1151 

119 

Sworn—must be. 

1148 

119 

When not designated. 

1132 

108 

Election law r s, violation of. 

41 

197-191 


Election precincts 
(See Precincts) 
Election proclamation— * 
(See Proclamation) 


Election Returns of State— 

(See Returns) 

Election Supplies, provided by .... 
Election tickets (see Ballots). 


1073 76 

4025 185 




























XIV 


INDEX. 


Section. Page. 

Electors, Presidential. 1307-47 174-178 

Accounts to be certified. 1322 177 

How nominated. ... 215-226 

How to vote.1317-1319 176 

Lists of persons voted for. 1319 176 

Lists to be transmitted. 1320 176 

Instructions to voters. 1197 131 

Intimidating or defrauding.. .. 53 195 

List of, and certificate of elec¬ 
tion to be furnished. 1314 175 

When chosen. 1307 174 

Returns for. 1308 174 

Pay of. 1321 176 

Vacancies—how filled. 1316 176 

When to assemble. 1315 175 

Embezzlement or defalcation— 

penalty for. 21 21 

Employer, influencing vote of, for¬ 
bidden. 59 201 

Employees, time allowed to vote.. 1212 153 

Envelopes, pay, not to have names 

of candidates, when. 59 201 

Error, correction of in statement.. 5 231 

Errors, in publication, how to be 

corrected. 1200 143 

Expenditures (See Election ex¬ 
penses). 

Express agents. 1264 165 

F 

Fees, none for registration. 1071 75 

Felony, what crimes declared to be j ^°472a 206 ^ 

Franchise, interference with. 59 201 

Frauds of election. 1213 153 

Furnishing money for election pur¬ 
poses . 54 196 
























INDEX. 


Section. 


G 

General election. 

General restrictions. 

Governor and Lieutenant-Governor 
Proceedings in case of tie vote 
Governor to issue certificate of elec¬ 
tion. 

To issue proclamation. 

To issue commissions. 

To issue certificate of election 

of Congressmen. 

To order new election. 

Transmit certificate of elec¬ 
tion of United States Sen¬ 
ator . 

Great Register (See Registration) 

I 

Imprint of publication, on bill, pla¬ 
card, poster and pamphlet 
Index to affidavits of registration. .1115 
Initiative petition—Who entitled 

to sign. 

Titles to.1 

Heading to.I 

Draft to be sent to Attorney f 

General.j 

How long preserved. 

False representation. 

Subscribing fictitious names.. 
County Clerk determine sig¬ 
nature from affidavit of 

registration. 

Initiative power reserved to people 

of the State. 

Initiative power to voters of 
counties. 


xv 

Page. 


1041 72 

1215 154 

1068 75 

1314 175 
1053 73 

1291 172 

1347 178 
1201 144 


1337 177 


7 232 

1116 101-102 

1083a 83 

1197b 142 

1197a 141 
1194 126 
64b 205 
472a 206 


1083a 83 
1 13 

4058 186 



















XVI 


INDEX. 


Initiative powers in cities and 

towns. 

Inspection, public, of statements. . 
Inspectors of Election— 

(See election officers). 

Post Notice of Election. 

How appointed....... 

Powers of. 

Must not unfold or mark 

tickets. 

Read rules if requested. 

Sign receipt. 

Instruction card furnished. 

To be posted. 

Must not be removed or de¬ 
stroyed . 

Printing of—a county charge.. 
Interference by officers of Army 

and Navy. 

Intimidating or defrauding. 

Intoxicating liquors, places where 

sold not to be rented. 

Irrigation districts. 


Section. 

Page. 


290 

1 

227 

1131 

107 

/ 1142 

110 

\ 1151 

119 

1131-1145 

107-118 

49 

194 

1241 

161 

1291 

144 

1210 

151 

1210 

151 

1214 

154 

1185 

123 

2003 

7 

53 

195 

6 

232 


263 


Judges of election (See election 
officers). 


Laws, applicable to primary elec¬ 
tions . 

Violation of relating to elec¬ 
tions generally. 

Legislative districts, division of 

State into. 

Legislature, to canvass return for 
Governor and Lieutenant- 

Governor . 

May enact primary law. 

May provide method of elec¬ 
tion . 


641 

41 


1296-1297 

21 

6 


205 

191 

33 

48 


173 

12 

13 






















INDEX. 


xvii 


Section. 

Page. 

Levee districts. 


263 

Library districts. 


263 

Lighting districts. 


263 

Lists—return of—signature on... . 

1260 

163 

Liquors—Sale of prohibited in 

places of election. 

1131 

107 

Places not to be rented where 

sold. 

6 

232 

Furnishing during election. . . . 

63b 204 

Local option districts. 


263 

M 



Meetings, not to be held where 



liquor sold. 

6 

232 

Messenger employed.< 

1201-1310/144-174 
1311-1312/175 


Military duty, when free from 


Military Duty—Statement as to 

on registration affidavit. . 1897 178 

Misdemeanor, when payment of 

claim is. 4 230 


Misdemeanors, offenses declared to 

be.43-4, 54-6 192 

58-9, 62-63b|204 _2 ° 3 


Money, who is to receive and dis¬ 
burse . 2 228 

For what purpose may be ex¬ 
pended. 3 228 

The use of, when a crime. 54-54b 196-197 

Unlawful receiving of. 54a 196 

Unlawful paying of. 54b 197 

Monuments for pioneers. .... 263 

Municipal corporations. .... 265-286 

Act to provide for the organiz¬ 
ation, incorporation and 

government of. .... 265 

Act to provide for consolida¬ 
tion of elections.* .... 286 




















xviii INDEX. 

Section. Page. 

Municipal corporations—Cont’d. 

Of the fifth class. .... 275 

Of the sixth class. .... 281 

Classification of, act providing 

for. .... 288 

How incorporated. 268 

Boundary, how changed. .... 271 

How consolidated. .... 272 

Direct legislation by. .... 290 

Control of public utilities by.. . 300 

Proceedings to remove or 

recall officer. .... 297 

Initiative petition for adop¬ 
tion or rejection of meas¬ 
ures . .... 290 

Ordinances of, subject to refer¬ 
endum vote. . 290 

Municipal elections, conduct of 
(See next page). 

Municipal Annexation Act of 1913. . . . 263 

Municipal improvements—consol¬ 
idation of elections. .... 263 

Mimicipal improvement districts.. .... 263 

Municipal water districts. .... 263 

Municipal Elections, conduct of... 1044 72 

Establishment of precincts.... 1133 109 

Qualification of voters. 1120 102 

Registration. 1120 102 

Board of Election. 1151 119 

Register to be used. 1121 103 

Duty of County Clerk. 1121 103 

County Clerk may employ ex¬ 
tra help for examining sig¬ 
natures . 1083b 84 

Ballots to be local charge... . 1185 123 

N 

Naturalization (See Citizenship). 

New election, Governor to order.. 1201 144 

No fees charged. 1071 75 

























Section. 


•index. 

Nominating petitions—who enti¬ 
tled to sign. 

Nomination papers—record of. 

Nominations—other than at pri¬ 
mary (See certificates of 
nominations). 

Notice of Election—County Clerk 
post. 


xix 
Page. 

1083a 83 
.... 330 


1131 107 


O 

Oath of voter concerning residence 1241 161 

Refusal to take. 1238 159 

Administration of.1146-1148 119 

Offices, to be filled, designation of 1131 107 

Officers— 

(See election officers.) 

(See recall.) 


Ordinances, how enacted by 


counties. 

4058) 


Petition for. 

40581 

186 

Election on. 

4058 

Repeal of adopted ordinance.. 

4058] 


Ordinances, how adopted by cities 


290 

When go into effect. 


294 

Subject to referendum vote. . . 


290 

To divide administration, howf 

752a 

276 

submitted.\ 

852a 

282 

Overflow districts. 


264 


P 


Party affiliation— 

May state in registration affi- 


davit. 

1096-1096a 

89-90 

■ Declines to state. 

1096a 

90 

Affidavit of change of. 

1096a 

90 

People, who are. 

50 

195 

Powers reserved to. 

1 

13 

Petitions—County Clerk may em¬ 
ploy extra help to examine 
signatures for municipal 
office. 

1083b 

84 



















XX 


INDEX. * 



Section. 

Page. 

Petitions—Who entitled to sign.. . 

1083a 

83 

Subscribing fictitious names to 

472a 206 

False representation. 

64b 205 

(See Referendum, Initiative 



and Recall.) 



Plurality to elect.<j 

1066 

13 

74 

25 

Poll lists, furnishing of. 

1073 

76 

Form of. 

1174 

122 

Want of form. 

1175 

123 

At special elections. 

1151 

101 

Destroying or carrying away. 

57a 

201 

Polls, opening and closing of. 

1160 

120 

Proclaiming the closing of... . 

1164 

121 

Proclaim the closing of. 

1164 

121 

Proclaim opening of. 

Board to be sworn before open- 

1163 

121 

ing. 

1148 

119 

Influencing vote at, when a 



crime. 

53 

195 

Precincts. 

1125 

104 

Alteration of. 

1126 

106 

Boundaries of. 

Boundaries of Assembly and 

1128 

107 

Senatorial districts. 

229 

72 

Change, create new or consol¬ 



idate . 

1126 

106 

Number of voters to. 

1125 

104 

Special election. 

1133 

109 

County Surveyor—Duty of. . . 

1125 

104 

Precinct books, what are. 

1116 

102 

Precinct maps. 

1125 

104 

Presidential electors.1307-1322 

174-177 

Pay of. 

1321 

176 

When to assemble. 

1315 

175 

Instructions to voters. 

1197 

131 

In case of death or absence. .. 
To make list of persons voted 

1316 

176 

for. 

1319 

176 

How to transmit lists. 

1320 

176 




























INDEX. 


xxi 



Section. 

Page. 

Presidential electors—Continued. 


How to vote. 

1317-1319 

176 

List of, to be furnished. 

1314 

175 

Accounts to be certified. 

1322 

177 

Presidential Primary Election— 



When held.. 

1 

216 

Nominating papers. 

3 

217 

Number of delegates. 

2 

216 

Ballots. 

4-7-8 

/221-224 
\225 

Delegate’s statement. 

3 

217 

Candidate’s affidavit. 

3 

217 

Selection of alternates. 

5 

223 

Qualifications of voters. 

6 

223 

Direct Primary Law applicable 

9 

225 

PRIMARY ELECTION— 



Constitutional provision re¬ 



garding . 

2h 12 

Printing or circulating incor¬ 



rect tickets. 

62 

203 

Construction of phrases. 

1 

312 

Candidates, how nominated... 

2 

315 

•When act does not apply. 

2 

315 

When election held. 

3 

315 

Notice of election. 

4 1 


Publication of. 

4 

316 

August primaries. 

4 

Other primaries. 

4 > 


Designation of offices by Sec¬ 



retary of State. 

4 

316 

Statement of registered 



electors to Secretary of 
State. 

4 

316 

Nomination paper— 



Form of. 

5 


Must be verified. 

5 


Verification deputies. 

5 

► 317 


To be numbered and 

bound. 5 

To be examined. 5 






























xxii INDEX. 


Primary Election—Continued. 

Nomination paper—Continued. 

Section. 

Page. 

Affidavit required of Can- 

> 


didate. 

5 


How signed. 

5 

► 317 

Basis of percentage. 

5 I 


Independent nominations. 

5 


How and where filed. 

6 

331 

Filing fees. 

7 

332 

Disposition of fees. 

8 

333 

Failure to file . 

32 

367 

Record of. 

5 

330 

Withdrawal. 

25 

358 

Expenses of election. 

Lists to be sent to County 

9 

333 

Clerks. 

Names of nominees to be pub- 

10 

334 

lished. 

10 

334 

Publication, where to be made 

BALLOTS 

11 

335 

Form of. 

12) 

What printed on. 

12 


Instructions to voters. 

12 


Names, how printed on. 

12 


Names, how grouped. 

12 

■ 335 

Kind of type. 

12 


Printing on back of. 

12 


Blank spaces. 

12 


Stub. 

12 


Ballot to be posted. 

13 


Samples. 

13 

- 344 

) 

Distribution of. 

13 

Instructions as to marking.... 

17 

346 

How choice designated. 

18 

347 

How must be folded. 

19 

347 

Polls, opening and closing of... . 

14 

345 

Cannot temporarily close. 

20 

348 

Election officers. 

15 

346 

Registers to be used. 

15 

346 

Challenging of voters. 

16 

346 

Who entitled to vote. 

17 

346 


































INDEX. 

Section. 

Primary Election—Continued. 

Polls, opening and closing of—Cont’d. 

Canvass of votes. 

Returns, canvass by super¬ 
visors. 

Declaration of result. 

Duplicate statement of. 

Secretary of State to compile 

returns. 

Who shall be declared candi¬ 
dates . 

Certificates of nomination— 

Majority Candidates. 

Certificate by Secretary of 

State.. 

Party conventions. 

State convention, how 

called. 

County Central Commit¬ 
tee— Election of — 

Where and when to 

meet. 

Nominating electors for 
President and Vice- 

President . 

When nominations not 

granted. 

Vacancies—How filled... . 
Delegates appointed—Cre¬ 
dentials . 

When may be held 


XXlll 

Page. 


21 348 


22 ] 

22 

22 

22 j 

23 
23 

23 
24] 

24 


24 


241 

241 
24 

24 

24 


349 


350 


353 


State central committees. 

24 J 


Vacancies, how filled. 

25 

358 

Tie vote, how determined.... 

26 

360 

Errors, how corrected. 

27 

360 

Contests. 

28 

361 

Expenses of candidates, what 



permitted. 

29 

365 

Statement of expenses. . . . 

30 

366 

Violations of Act. 

31 

367 

Bribes to voters. 

32 

367 



























XXIV 


INDEX. 


Section. Page. 

Primary Election—Continued. 

Expenses of candidates, what permitted 
—Continued. 

Offenses, what are. 32 367 

Preparation of forms. 33 368 

Independent nominations. 5 330 

Nominations other than at 1188 124 

Form of certificate of. 1188 124 

Preservation of certificates 1193 126 

Filing of certificates. 1192 125 

Primary Election for President— 

(See Presidential Primary 
Election.) 

Printer— 

Claims not allowed without 

name of on printed matter 7 232 

Proclamation, Governor to issue.. 1053 73 

Contents of. 1054 73 

Supervisors to publish.1055-1056 74 

Protection districts. .... 264 

Public utility districts. .... 264 

Public meetings, preventing. 58 201 

Disturbance of. 59 201 

Public utilities, control of. .... 300 

May be surrendered to railroad 

commission. .... 300 

May be retained by city. .... 300 

Election to determine control 

of.. 300 

Punishment, for acting as an elec¬ 
tion officer without being 
appointed or qualified... . 40 191 

Neglect of duty. 41 191 

Fraudulent registration. 42-42a 191-192 

Refusal to be sworn or answer 

questions. 43 192 

Refusal to obey summons. 44 192 

Voting without being qualified 45 192 

Fraudulent voting. 46-7 193 

Changing ballots or altering 

returns. 48 193 





















INDEX. 


Punishment—Continued. 

Unfolding or marking ballots. . 
Acting when ineligible and re¬ 
fusal to act when eligible. 
Forging or counterfeiting re¬ 
turns . 

Altering returns. 

Aiding and abetting. 

Intimidating or defrauding.... 

Furnishing money. 

Receiving money. 

Paying money. 

Procuring votes by promise.. . 
Soliciting votes for or against 

bill. 

Unlawful offers. 

Bribing. 

Act to change result. 

Preventing public meetings. . . 

Unlawful interference. 

Betting on elections. 

Violations by persons not 

officers. 

Printing incorrect tickets. 

Circulating printed matter not 

signed. 

Leaving printer’s name off 

printed matter. 

Furnishing liquors. 

When witness not excused. 

Provisions applicable to pri¬ 
mary elections. 


xxv 

Section. Page. 


49 194 
49a 194 


50] 

195 

53 J 

54 196 
54a 196 
54b 197 

55 199 

55a j 

56 ^200 

57 j 
57a 201 

58 201 

59 201 

60 203 

61 203 

62 203 

62a 203 



62b 204 
63b 204 
64 204 


64£ 205 


Q 

Qualifications and disabilities of 

electors.1083a-1084 83-84 

Questions, how submitted to vote 

of people. 1197 131 

Refuse to answer. 43 192 
























xxvi INDEX. 

Section. Page. 

R 

Railroad commission. 23 22 

Control of public utilities by. .... 300 

Recall Petitions—who entitled to 

sign. 1083a 83 

How long preserved. 1194 126 

False representation in secur¬ 
ing signatures. 64b 205 

Heading to. 1197b 142 

Subscribing fictitious names’. 472a 206 

County Clerk determine signa¬ 
ture from affidavits of reg¬ 
istration. 1083a 83 

Title to. 1197a 141 

Draft of to be submitted to 

Attorney General. 1197b 142 

Recall of State officers. 1 25 

Proceedings for. 1 25 

Recall of county and township 

officers.... 4021a 179 

Proceedings for. 4021a 179 

Recall of city officers. .... 296 

Proceedings for. .... 296 

Recall of elective officers in counties 4021a] 

Petition for. 4021a {>179 

Election for how called. 4021aJ 

Receipts for ballots taken. 1201 144 

Reclamation districts. .... 264 

Itemized statement. 1-2 227-228 

Referendum powers reserved by 

people of the State.. 1 13 

In counties. 4058 186 

In cities and towns. .... 290 

Referendum Petitions—who en¬ 
titled to sign. 1083a 83 

How long preserved. 1194 126 

False representation. 64b 205 

Subscribing fictitious names. . 472a 206 

County Clerk determine sig¬ 
nature from affidavit of 
registration. 1083a 83 




























INDEX. xxvii 

Section. Page. 

Referendum Petitions—Continued. 

Title to. 1197a 141 

Draft of to Attorney General. 1197a 141 

Heading to. 1197b 142 

Registrar of Voters, powers of.... 1210 155 

List of criminals to be fur¬ 
nished to. 1106a 99 

Registration— 

Affidavits of.1096-1097 89-91 

Form of. 1095a 87 

Preservation of. 1103 96 

Cancellation of entry.1105-1106 97 

Action to compel cancellation. 1106 97 

Transfer of.1094-1096a 84-90 


1117 

1107 


1104 

1071 


84 

101 

101 


102 

99 

99-100 

96 

75 


Time and place of. 10941 

Duties of landlord. 1094/ 

Index to affidavits of. 1115 

Copy to State Librarian.. 1115 

Certified copy is prima facie 

evidence. 

Certified copy of entry. 

Entry may be compelled by 

action.1108-1112 

Must not register in two 

counties. 

Fees, none charged. 

List of criminals to be fur¬ 
nished . 

Copies of index to affidavits to 

posted.1149-1150 

County Clerk must provide 

registers, indexes, etc. 4025 

Municipal elections.1120-1121 

Refuses or neglects to enter 

name—penalty. 1095 

Fraudulent. 42-42a 191-192 

Illegal. 1109 99 

Of electors. 1097 91 

Of citizen by virtue of marri¬ 
age. 1097 91 


1106a 99 


119 


185 

102-103 

87 


























xxviii INDEX. 


Section. Page. 

Registration—Continued. 

Of citizen by virtue of natural¬ 
ization of father. 10971 

Of absent citizen. 1097 \ 91 

Of naturalized citizens. 1097] 

Party affiliation on affidavit of 1096 89 

Change of. 1096a 90 

Persons refusing to appear or 

testify before Board of... 43 192 

Precinct registration. 1094 84 

Statement as to military duty 1897 178 

What affidavit must show.... 1096 89 


Removal of elective officers (See 
Recall). 

Representatives (See Congress¬ 
men.) 


Residence, how computed. 

1249 

161 

How determined.1239- 

-1241 

159-161 

Legal, defined. 

52 

195 

Not affected when. 

4 

13 

Absence from State does not 



affect. 

12 

25 

Of candidates, may be on bal¬ 



lot. 

1197 

131 

Of voter, oath. 

1241 

161 

Rules must be'read if requested 

1241 

161 

Term of. 

1240 

161 

Restrictions. 

1215 

154 

Concerning booths. 

1203 

145 

Result of election. 

1283 

171 

(See also declaration of result) 



Returns (See also Abstracts). 



General election. 

1288 

171 

Primary election. 

22 

348 

Constitution amendments and 



propositions. 

1289 

172 

District officers.1288- 

-1289 

171-172 

County officers. 

1282 

170 























INDEX. xxix 


Returns—Continued. 


Section. Page. 


Presidential electors— 

How made. 1308 174 

Endorsement and disposi¬ 
tion of. 1309 174 

May employ messenger. ,{ 131 ^11 17^175 

Secretary of State certify 
to Governor. 1313 175 


Governor and Lieutenant- Gov¬ 
ernor— 

How made. 1292 173 

Endorsement and disposi¬ 
tion of.1293-1295 173 

Duty of Clerk as to mail¬ 
ing copies.. 1294r-1295 173 

Canvass of and declaration 

of result. 1297 173 

Canvass of—by Supervisors.. 1278-1281 168-169 

When may not proceed.. . 1280 168 

Completion and correction of . 1281a 169 

Declaration of result by Super¬ 
visors. 1283 171 

Delivery of—duty of member 

of Board.1263-1264 164-165 

Endorsement on. 1289 172 

Forging, counterfeiting or al¬ 
tering. 48-51-52 193-195 

Signatures on lists. 1260 163 

Statement of result. 1282 170 

Statement of vote by Secretary 

of State. 1290 172 

Of Primaries. . 

Roster of Voters. 1204 146 

How delivered and kept. 1264a 165 

S 

Saloons, no election to be held in . 113i 107 

Sanitary districts. .... 264 

Scattering vote. 1282 170 

School districts. .... 264 






















xxxii INDEX. 

Section. Page. 

U 

Unlawful receiving of money during 

election. 54a 196 

Unlawful paying of money during 

election. 54b 197 

Unlawful interference with elective 

franchise. 59 201 

United States Representatives (See 
Congressmen). 

United States Senators, election forl332-1337 177 
Must not make promises to 

legislative candidates. ... 55 199 

United States Senators—Secretary 
of State certify to Gov¬ 
ernor person having high¬ 
est vote. 1336 177 

United States Senator—Governor 
transmit certificate of 

election. 1337 177 

f 113 

Urgency measures, when take effectj ^Q-g ^gg 

V 


Vacancy in Presidential electors— 

How filled.. 1316 176 

In Primary election. 25 358 

Verification deputies (See Primary 
elections). 

Violation of laws relating to elec¬ 
tions, generally. 61 203 

Vote, aiding one not qualified to.. 47 201 

Fraudulent attempt to. 46 193 

Of employee, influencing. 59 201 

Tie.1067-1068 75 


V oters— 

Who are. j 

Number to precinct. 

Privileged from arrest, when! 

Excused from militia duty ... .1 


1083a 83 
1 11 
1125 105 

1069 75 
2 12 

1070 75 

3 12 















INDEX. 


xxxiii 


V oters—Continued. 

Residence of, not affected, 

when. 

Eligible to office. 

Rights of, beyond other citi¬ 
zens . 

Names of, must be entered in 

register. 

What entry must show. 


Section. Page. 

/ 4 13 

\ 12 25 

58 33 

59 33 

1095-1095a 87 
1096 89 


Must not be entered in two 


counties. 

1104 

96 

Qualifications of. 

1120 

102 

Registration of. 

1094-1121 

84-103 

Influencing.. 

54a-54b 

196-197 

Interfering with. 

59 

33 

May write name of candidate 


on ballot. 

1197 

131 

Not to bet. 

60 

203 

Oath of, concerning residence. 

1241 

161 

To prepare ballot, how. 

1205 

147 

To mark ballot with stamp. .. 

1205 

147 

Conduct of. 

1215 

154 

Disabled, how assisted. 

1208 

150 

Must not register in two coun¬ 
ties. 

1104 

96 

Rights of. 

1212 

153 

Residence of. 

1239-1241 

159-161 

Not affected, when. 

4 

13 

es, canvass of. 

1252 

161 

How counted. 

1257 

162 

Record of. 

1258 

163 

Return list of. 

1260 

163 


Voting, being influenced as to, 

when a crime. 54a 196 


Fraudulent. 

How done. 

Method of. 

Who disqualified from. 

Manner of. 

More than once. 

Only one to vote at a time.... 


45-47 192-193 

1204 146 

5 13 

10-11 24-25 

1224-1230 156 
46 193 

1205 147 
































XXXIV 


INDEX. 


Section. Page. 

V oting—Continued. 

Papers, sealed up. 1261 164 

When to commence. 1224 156 

Voting machines, acts in relation to . . . 234-261 

When may be used.. 6 13 

Creation of State commission 

on. 1 235 

Supervisors may require use of 2 236 

Purchase and care of. 3 237 

Requisites of. 4 237 

Number to be used. 5 239 

Stationery and instructions... 6 240 

Tally lists. 7 241 

Duties of election board. 8 242 

How to be placed. 9 245 

Voting, how conducted. 10 246 

Result, declaration of. 11 247 

Records to be preserved. 12 248 

Misconduct at elections. 13 252 

Election precincts. 14 252 

Official ballots. 15 252 

Sec. 1142 Pol. Code applies. . . 16 252 

Must be tested and sealed be¬ 
fore election. 16a 255 

General laws govern. 17 257 

Wilful violation punished. 18 257 

To be tested, examined and 

sealed. 1 258 

Notice of test. 2 258 

Violation punished. 3 261 

W 

Who may vote.{l083-1083a 83 

Who not qualified to vote. 1084 84 

Withdrawals. 358 25 

Witness, when exempt from prose¬ 
cution. 10 233 

Who competent. 10 233 

Will not be excused from testi¬ 
fying. 64 204 






























PREFATORY 


The object of this hand-book is to present in a 
compact, convenient form for ready reference by 
the people at large, all the laws relative to elections 
to which the voter, or the officer of elections in this 
State, will have occasion to refer. Its form and ar¬ 
rangement has been determined upon with this end 
in view. It contains pertinent provisions from the 
Constitution of the United States, from the laws of 
Congress, from the State Constitution, and from the 
Codes, and the important State Statutes in full, relat¬ 
ing to this subject. The size of the volume is also 
believed to be the most convenient for frequent use. 








POLITICAL SUBDIVISIONS BY COUNTIES. 


Counties 

Assem. 

Dist. 

No. 

Sen. 

Dist. 

No.' 

Congres¬ 
sional 
Dist. No. 

Appellate 

Dist. 

No. 

Equal. 

Dist. 

No. 

Alameda. 

34-41 ine. 

13-16 inc. 

6 

1 

2 

Alpine. 

16 

12 

2 

3 

2 

Amador. 

16 

10 

2 

3 

2 

Butte. 

7 

6 

1 

3 

3 

Calaveras. 

16 

12 

2 

3 

2 

Colusa. 

5 

4 

1 

3 

3 

Contra Costa. 

18 

9 

3 

1 

2 

Del Norte. 

1 

1 

1 

3 

3 

El Dorado. 

16 

3 

2 

3 

2 

Fresno. 

50-52 inc. 

26 

7 

1 

4 

Glenn. 

5 

4 

1 

3 

3 

Humboldt. 

2 

1 

1 

3 

3 

Imperial. 

78 

39 

11 

2 

4 

Inyo. 

47 

30 

11 

2 

4 

Kern. 

56 

32 

7 

2 

4 

Kings. 

54 

32 

7 

2 

4 

Lake. 

11 

4 

1 

3 

3 

Lassen. 

4 

2 

2 

3 

3 

Los Angeles. 

61-75 inc. 

29 and 31, 
33-38 inc. 

9 and 10 

2 

4 

Madera. 

49 

12 

7 

3 

4 

Marin. 

17 

9 

1 

1 

3 

Mariposa. 

47 

12 

2 

3 

4 

Mendocino. 

6 

4 

i 

3 

3 

Merced. 

49 

12 

7 

3 

4 

Modoc. 

4 

2 

2 

3 

3 

Mono. 

47 

12 

11 

3 

4 

Monterey. 

48 

17 


1 

4 

Napa. 

11 

5 


3 

3 

Nevada. 

9 

3 

2 

3 

2 

Orange. 

76 

39 

11 

2 

4 

Placer. 

9 

3 

2 

3 

2 

Plumas. 

4 

3 

2 

3 

3 

Riverside. 

77 

39 

11 

2 

4 

Sacramento. 

14-15 

7 

3 

3 

2 

San Benito. 

48 

11 

8 

1 

4 

San Bernardino. . 

57-58 

30 

11 

2 

4 

San Diego. 

79-80 

40 

11 

2 

4 

San Francisco.. .. 

21-33 inc. 

18-24 inc. 

4 and 5 

1 

1 

San Joaquin. 

19-20 

10 

3 

3 

2 

San Luis Obispo.. 

53 

17 

8 

2 

4 

San Mateo. 

42 

11 

8 

1 

4 

Santa Barbara.... 

59 

25 

S 

2 

4 

Santa Clara. 

44-45 

27-28 

8 

1 

4 

Santa Cruz. 

43 

11 

8 

1 

4 

Shasta. 

3 

2 

2 

3 

3 

Sierra. 

4 

3 

2 

3 

3 

Siskiyou. 

1 

2 

2 

3 

3 

Solano. 

10 

5 

3 

3 

3 

Sonoma. 

12-13 

8 

1 

3 

3 

Stanislaus. 

46 

12 

7 

3 

4 

Sutter. 

8 

6 

1 

3 

3 

Tehama. 

5 

1 

2 

3 

3 

Trinity. 

3 

1 

2 

3 

3 

T ulare. 

55 

32 

7 

2 

4 

Tuolumne. 

47 

12 

2 

3 

2 

Ventura. 

60 

25 

8 

2 

4 

Yolo. 

8 

6 

3 

3 

3 

Y uba. 

8 

6 

1 

3 

3 




































































CHAPTER I. 


CITIZENSHIP AS DEFINED IN CONSTITUTION 
OF THE UNITED STATES. 

Fourteenth Amendment, Sec. 1. 

All persona born or naturalized in the United 
States and subject to the jurisdiction thereof are 
citizens of the United States and of the State 
wherein they reside. No State shall make or en¬ 
force any law which shall abridge the privileges or 
immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty 
or property without due process of law, nor deny to 
any person within its jurisdiction the equal protec 
tion of the laws. 


6 


REVISED STATUTES 


CHAPTER II. 

SECTIONS FROM THE REVISED STATUTES 
AND LAWS OF THE UNITED STATES 
RELATING TO CITIZENSHIP. 

Citizenship of Children of Citizens Born Abroad. 

(R. S. §1993.) All children heretofore born or 
hereafter born out of the limits and jurisdiction 
of the United States, whose fathers were or may 
be at the time of their birth citizens thereof, are 
declared to be citizens of the United States; but 
the rights of citizenship shall not descend to child¬ 
ren whose fathers never resided in the United 
States. 

Citizenship of Married Women. 

(R. S. §1994.) Any woman who is now or may 
hereafter be married to a citizen of the United 
States, and who might herself be lawfully natural¬ 
ized, shall be deemed a citizen. 

American Women Married to Foreigners. 

(Act Mar. 2, 1907, Ch. 2534, §3.) Any American 
woman who marries a foreigner shall take the 
nationality of her husband. At the termination of 
the marital relation she may resume her American 
citizenship, if abroad, by registering as an Amer¬ 
ican citizen within one year with a consul of the 
United States, or by returning to reside in the 
United States, or, if residing in the United States 
at the termination of the marital relation, by con¬ 
tinuing to reside therein. 

Foreign Women Married to Americans. 

(Act Mar. 2, 1907, Ch. 2534, §4.) Any foreign 
woman who acquires American citizenship by 
marriage to an American shall be assumed to re¬ 
tain the same after the termination of the marital 
relation if she continues to reside in the United 
States, unless she makes formal renunciation thereof 
before a court having jurisdiction to naturalize 


AND LAWS OF UNITED STATES 


7 


aliens, or if she resides abroad she may retain her 
citizenship by registering as such before a United 
States consul within one year after the termination 
of such marital relation. 

Citizenship of Children of Alien Parents. 

(Act Mar. 2, 1907, Ch. 2534, §5.) A child born 
without the United States of alien parents shall 
be deemed a citizen of the United States by virtue 
of the naturalization of or resumption of Ameri¬ 
can citizenship by the parent; provided, that such 
naturalization or resumption takes place during 
the minority of the child; and provided further, 
that the citizenship of such minor child shall begin 
at the time such minor child begins to reside per¬ 
manently in the United States. 

Children Born Abroad—Intention—Oath. 

(Act Mar. 2. 1907, Ch. 2534, §6.) All children born 
outside the limits of the United States who are 
citizens thereof in accordance with the provisions 
of section 1993 of the Revised Statutes of the 
United States and who continue to reside outside 
of the United States shall, in order to receive the 
protection of this government, be required upon 
reaching the age of eighteen years to record at 
an American consulate their intention to become 
residents and remain citizens of the United States, 
and shall be further required to take the oath of al¬ 
legiance of the United States upon attaining their 
majority. 

Interference by Officers of Army and Navy. 

(R. S. §2003.) No officer of the Army or Navy 
of the United States, shall prescribe or fix, by 
proclamation, order, or otherwise, the qualifications 
of voters in any State, or in any manner interfere 
with the freedom of any election in any State, or 
with the exercise of the free right of suffrage in 
any State. 

Right to vote not affected by race, color, etc. 

(R. S. §2004.) All citizens of the United States 


8 


REVISED STATUTES 


who are otherwise qualified by law to vote at any 
election by the people in any State, Territory, dis¬ 
trict, county, city, parish, township, school dis¬ 
trict, municipality, or other territorial subdivision, 
shall be entitled and allowed to vote at all such 
elections, without distinction of race, color, or pre¬ 
vious condition of servitude; any constitution, law, 
custom, usage, or regulation of any State or Ter¬ 
ritory, or by or under its authority, to the con¬ 
trary notwithstanding. 

Concerning Aliens Enlisted in U. S. Armies. 

(R. S. §2166.) Any alien of the age of twenty- 
one years and upward, who has enlisted, or may 
enlist, in the armies of the United States, either 
the regular or the volunteer forces, and has been, or 
may be hereafter, honorably discharged, shall be 
admitted to become a citizen of the United States, 
upon his petition, without any previous declaration 
of his intention to become such; and he shall not 
be required to prove more than one year’s residence 
within the United States previous to his application 
to become such citizen; and the court admitting 
such alien shall, in addition to such proof of resi¬ 
dence and good moral character, as now provided 
by law, be satisfied by competent proof of such 
person ; s having been honorably discharged from 
the service of the United States. 

Aliens Enlisted in U. S. Navy or Marine Corps, Etc. 

(Naval Appropriation Act of June 30, 1915.) 

* * * Any alien of the age of twenty-one years 
and upwards who may, under existing law, become 
a citizen of the United States, who has served 
or may hereafter serve for one enlistment of not 
less than four years in the United States Navy or 
Marine Corps, and who has received therefrom 
an honorable discharge or an ordinary discharge 
with recommendation for reenlistment, or who has 
completed four years in the Revenue-Cutter service 
and received therefrom an honorable discharge or 
an ordinary discharge with recommendation for re- 


AND LAWS OF UNITED STATES 9 

enlistment, or who has completed four years of 
honorable service in the naval auxiliary service, 
shall be admitted to become a citizen of the United 
States upon his petition, without any previous 
declaration of his intention to become such, and 
without proof of residence on shore, and the court 
admitting such alien shall, in addition to proof 
of good moral character, be satisfied by competent 
proof from naval or Kevenue-Cutter sources of such 
service; provided, that an honorable discharge from 
the Navy, Marine Corps, Revenue-Cutter Service, 
or the naval auxiliary service, or an ordinary dis¬ 
charge with recommendation for reenlistment, shall 
be accepted as proof of good moral character; pro¬ 
vided further, that any court which now has or 
may hereafter be given jurisdiction to naturalize 
aliens as citizens of the United States may im¬ 
mediately naturalize any alien applying under and 
furnishing the proof prescribed by the foregoing 
provisions. 

Aliens of African Nativity and Descent. 

(R. S. §2169.) The provisions of this title shall 
apply to aliens being free white persons, and to 
aliens of African nativity and to persons of African 
descent. 

Chinese Not to Be Naturalized. 

(Act May 6, 1882, Ch. 126, §14.) Hereafter no 
State court or court of the United States shall admit 
Chinese to citizenship; and all laws in conflict 
with this Act are hereby repealed. 

Term of Residence Required. 

(R. S. §2170.) No alien shall be admitted to 
become a citizen who has not, for the continued 
term of five years next preceding his admission, 
resided within the United States. 

Alien Enemies Not Admitted. 

(R. S. §2171.) No alien who is a native citizen 
or subject, or a denizen of any country, state, or 


10 


REVISED STATUTES 


sovereignty with which the United States are at 
war, at the time of his application, shall be then 
admitted to become a citizen of the United States. 

Citizenship of Children of Naturalized Aliens. 

(R. S. §2172.) The children of persons who have 
been duly naturalized under any law of the United 
States, or who, previous to the passing of any law 
on that subject by the Government of the United 
States, may have become citizens of any one of 
the States, under the laws thereof, being under 
the age of twenty-one years at the time of the 
naturalization of their parents, shall, if dwelling 
in the United States, be considered as citizens 
thereof; and the children of persons who now are, 
or have been citizens of the United States, shall, 
though born out of the limits and jurisdiction of 
the United States, be considered as citizens thereof. 

Naturalization of Seamen. 

(R. S. §2174.) Every seaman, being a foreigner, 
who declares his intention of becoming a citizen 
of the United States in any competent court, and 
shall have served three years on board of a mer¬ 
chant vessel of the United States subsequent to 
the date of such declaration, may, on his applica¬ 
tion to any competent court, and the production 
of his certificate of discharge and good conduct 
during that time, together with the certificate of 
his declaration of intention to become a citizen 
be admitted a citizen of the United States; and 
every seaman, being a foreigner, shall, after his 
declaration of intention to become a citizen of the 
United States, and after he shall have served such 
three years, be deemed a citizen of the United States, 
for the purpose of manning and serving on board 
any merchant vessel of the United States, anything 
to the contrary in any Act of Congress notwith¬ 
standing; but such seaman shall, for all purposes 
of protection as an American citizen, be deemed 
such, after the filing of his declaration of intention 
to become such citizen. 


CONSTITUTION OF CALIFORNIA 


11 


CHAPTER III. 

SECTIONS FROM THE CONSTITUTION OF CAL¬ 
IFORNIA RELATING TO ELECTIONS. 

ARTICLE II. 


Who May Vote. 

Section 1. Every native citizen of the United 
States, every person who shall have acquired the 
rights of citizenship under or by virtue of the treaty 
of Queretaro, and every naturalized citizen thereof, 
who shall have become such ninety days prior to any 
election, of the age of twenty-one years, who shall 
have been resident of the State one year next pre¬ 
ceding the election, and of the county in which he 
or she claims his or her vote ninety days, and in 
the election precinct thirty days, shall be entitled 
to vote at all elections which are now or may here¬ 
after be authorized by law; provided, no native of 
China, no idiot, no insane person, no person con¬ 
victed of any infamous crime, no person hereafter 
convicted of the embezzlement or misappropriation 
of public money, and no person who shall not be 
able to read the Constitution in the English language 
and write his or her name, shall e^er exercise the 
privileges of an elector in this State; provided, that 
the provisions of this amendment relative to an edu¬ 
cational qualification shall not apply to any person 
prevented by a physical disability from complying 
with its requisitions, nor to any person who now 
has the right to vote, nor to any person who shall 
be sixty years of age and upwards at the time this 
amendment shall take effect. 

78 Cal. 568; 83 Cal. 81; 91 Cal. 467; 92 Cal. 
321; 117 Cal. 123; 120 Cal. 374, 377; 127 
Cal. 88; 136 Cal. 451; 145 Cal. 341; 146 
Cal. 513; 151 Cal. 603; 152 Cal. 231, 232; 
7 Cal. App. 413. 


12 


CONSTITUTION OF CALIFORNIA 


Voters Privileged From Arrest. 

Sec. 2. Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from 
arrest on the days of election, during their attend¬ 
ance at such election, going to and returning there¬ 
from. 

Primary Elections. 

Sec. 2 y 2 - The Legislature shall have the power to 
enact laws relative to the election of delegates to 
conventions of political parties; and the Legislature 
shall enact laws providing for the direct nomina¬ 
tion of candidates for public office by electors, 
political parties or organizations of electors with¬ 
out conventions, at elections to be known and desig¬ 
nated as primary elections; also to determine the 
tests and conditions upon which electors, political 
parties, or organizations of electors may participate 
in any such primary election. It shall also be law¬ 
ful for the Legislature to prescribe that any such 
primary election shall be mandatory and obligatory. 
The Legislature shall also have the power to estab¬ 
lish the rates of compensation for primary election 
officers serving at such primary elections in any 
city, or city and county, or county, or other sub¬ 
division of a designated population, without mak¬ 
ing such compensation uniform, and for such pur¬ 
pose such law may declare the population of any 
city, city and county, county or political sub¬ 
division. Provided, however, that, until the Legis¬ 
lature shall enact a direct primary election law 
under the provisions of this section, the present pri¬ 
mary election law shall remain in force and effect. 

120 Cal. 379; 146 Cal. 316; 151 Cal. 602, 605; 

152 Cal. 434; 155 Cal. 780, 782, 788, 792. 

Excused From Militia Duty. 

Sec. 3. No elector shall be obliged to perform 
militia duty on the day of election, except in time 
of war or public danger. 


CONSTITUTION' OF CALIFORNIA 


13 


Residence of Voters Not Affected, When. 

Sec. 4. For the purpose of voting, no person shall 
be deemed to have gained or lost a residence by rea¬ 
son of his presence or absence while employed in the 
service of the United States, nor while engaged in 
the navigation of the waters of this State or of the 
United States, or of the high seas; nor while a 
student at any seminary of learning; nor while kept 
in any almshouse or other asylum, at public expense; 
nor while confined in any public prison. 

105 Cal. 462. 

Method of Election. 

Sec. 5. All elections by the people shall be by 
ballot, or by such other method as may be prescribed 
by law; provided, that secrecy in voting be pre¬ 
served. 

136 Cal. 655; 146 Cal. 316; 154 Cal. 282. 
Voting Machines May Be Used. 

Sec. 6. The inhibitions of this Constitution to 
the contrary notwithstanding, the Legislature shall 
have power to provide that in different parts of the 
State different methods may be employed for receiv¬ 
ing and registering the will of the people as ex¬ 
pressed at elections, and may provide that mechani¬ 
cal devices may be used within designated subdivi¬ 
sions of the State, at the option of the local 
authority indicated by the Legislature for that pur¬ 
pose. 


ARTICLE IV. 

Legislative Powers—Powers Reserved by the People. 

Sec. 1. The legislative power of this state shall 
be vested in a senate and assembly which shall be 
designated “The legislature of the State of Cali¬ 
fornia, ” but the people reserve to themselves the 
power to propose laws and amendments to the con¬ 
stitution, and to adopt or reject the same, at the 


14 


CONSTITUTION OF CALIFORNIA 


polls independent of the legislature, and also re¬ 
serve the power, at their own option, to so adopt 
or reject any act, or section, or part of any act, 
passed by the legislature. 

The enacting clause of every law shall be “The 
people of the State of California do enact as fol¬ 
lows: ff 

The first power reserved to the people shall be 
known as the initiative. Upon the presentation to 
the secretary of state of a petition certified as 
herein provided to have been signed by qualified 
electors, equal in number to eight per cent of all 
the votes cast for all candidates for governor at 
the last preceding general election, at which a gov¬ 
ernor was elected, proposing a law or amendment to 
the constitution, set forth in full in said petition, 
the secretary of state shall submit the said pro¬ 
posed law or amendment to the constitution to the 
electors at the next succeeding general election oc¬ 
curring subsequent to ninety days after the pre¬ 
sentation aforesaid of said petition, or at any 
special election called by the governor in his dis¬ 
cretion prior to such general election. All such 
initiative petitions shall have printed across the top 
thereof in twelve poiflt black-face type the follow¬ 
ing: “Initiative measure to be submitted directly 
to the electors. ’ ’ 

Upon the presentation to the secretary of state, 
at any time not less than ten days before the com¬ 
mencement of any regular session of the legisla¬ 
ture, of a petition certified as herein provided to 
have been signed by qualified electors of the state 
equal in number to five per cent of all the votes 
cast for all candidates for governor at the last pre¬ 
ceding general election, at which a governor was 
elected, proposing a law set forth in full in said 
petition, the secretary of state shall transmit the 
same to the legislature as soon as it convenes and 
organizes. The law proposed by such petition shall 
be either enacted or rejected without change or 
amendment by the legislature, within forty days 
from the time it is received by the legislature. If 


CONSTITUTION OF CALIFORNIA 


15 


any law proposed by such petition shall be enacted 
by the legislature it shall be subject to referendum, 
as hereinafter provided. If any law so petitioned 
for, be rejected, or if no action is taken upon it by 
the legislature within said forty days, the secretary 
of state shall submit it to the people for approval 
or rejection at the next ensuing general election. 
The legislature may reject any measure so proposed 
by initiative petition and propose a different one on 
the same subject by a yea and nay vote upon sepa¬ 
rate roll call, and in such event both measures shall 
be submitted by the secretary of state to the elec¬ 
tors for approval or rejection at the next ensuing 
general election or at a prior special election call )d 
by the governor, in his discretion, for such purpose. 
All said initiative petitions last above described 
shall have printed in twelve point black-face type 
the following: “Initiative measure to be presented 
to the legislature . 17 

The second power reserved to the people shall be 
known as the referendum. No act passed by the 
legislature shall go into effect until ninety days 
after the final adjournment of the session of the 
legislature which passed such act, except acts call¬ 
ing elections, acts providing for tax levies or appro¬ 
priations for the usual current expenses of the 
state, and urgency measures necessary for the im¬ 
mediate preservation of the public peace, health or 
safety, passed by a two-thirds vote of all the mem¬ 
bers elected to each house. Whenever it is deemed 
necessary for the immediate preservation of the 
public peace, health or safety that a law shall go 
into immediate effect, a statement of the facts con¬ 
stituting such necessity shall be set forth in one 
section of the act, which section shall be passed 
only upon a yea and nay vote, upon a separate roll 
call thereon; provided, however, that no measure 
creating or abolishing any office or changing the 
salary, term or duties of any officer, or granting any 
franchise or special privilege, or creating any vested 
right or interest, shall be construed to be an ur¬ 
gency measure. Any law so passed by the legisla- 


16 


CONSTITUTION OF CALIFORNIA 


ture and declared to be an urgency measure shall 
go into immediate effect., 

Upon the presentation to the secretary of state 
within ninety days after the final adjournment of 
the legislature of a petition certified as herein pro¬ 
vided, to have been signed by qualified electors 
equal in number to five per cent of all the votes 
cast for all candidates for governor at the last 
preceding general election at which a governor was 
elected, asking that any act or section or part of 
any act of the legislature, be submitted to the 
electors for their approval or rejection, the secre¬ 
tary of state shall submit to the electors for their 
approval or rejection, such act, or section or part 
of such act, at the next succeeding general elec¬ 
tion occurring at any time subsequent to thirty 
days after the filing of said petition or at any 
special election which may be called by the gov¬ 
ernor, in his discretion, prior to such regular elec¬ 
tion, and no such act or section or part of such act 
shall go into effect until and unless approved by 
a majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any 
section or part of any act the remainder of such 
act shall not be delayed from going into effect. 

Any act, law or amendment to the constitution 
submitted to the people by either initiative or ref¬ 
erendum petition and approved by a majority of 
the votes cast thereon, at any election, shall take 
effect five days after the date of the official declara¬ 
tion of the vote by the secretary of state. No act, 
law or amendment to the constitution, initiated or 
adopted by the people, shall be subject to the veto 
power of the governor, and no act, law or amend¬ 
ment to the constitution, adopted by the people at 
the polls under the initiative provisions of this sec¬ 
tion, shall be amended or repealed except by a vote 
of the electors, unless otherwise provided in said 
initiative measure; but acts and laws adopted by 
the people under the referendum provisions of this 
section may be amended by the legislature at any 
subsequent session thereof. If any provision or pro- 


CONSTITUTION OF CALIFORNIA 


17 


visions of two or more measures, approved by the 
electors at the same election, conflict, the provision 
or provisions of the measure receiving the highest 
affirmative vote shall prevail. Until otherwise pro¬ 
vided by law, all measures submitted to a vote of 
the electors, under the provisions of this section, 
shall be printed, and together with arguments for 
and against each such measure by the proponents 
and opponents thereof, shall be mailed to each 
elector in the same manner as now provided by law 
as to amendments to the constitution, proposed by 
the legislature; and the persons to prepare and 
present such arguments shall, until otherwise pro¬ 
vided by law, be selected by the presiding officer 
of the senate. 

If for any reason any initiative or referendum 
measure, proposed by petition as herein provided, 
be not submitted at the election specified in this 
section, such failure shall not prevent its submis¬ 
sion at a succeeding general election, and no law 
or amendment to the constitution, proposed by the 
legislature, shall be submitted at any election unless 
at the same election there shall be submitted all 
measures proposed by petition of the electors, if 
any be so proposed, as herein provided. 

Any initiative or referendum petition may be pre¬ 
sented in sections, but each section shall contain 
a full and correct copy of the title and text of the 
proposed measure. Each signer shall add to his 
signature his place of residence, giving the street 
and number if such exist. His election precinct 
shall also appear on the paper after his name. The 
number of signatures attached to each section shall 
be at the pleasure of the person soliciting signa¬ 
tures to the same. Any qualified elector of the 
state shall be competent to solicit said signatures 
within the county or city and county of which he 
is an elector. Eaeh section of the petition shall 
bear the name of the county or city and county in 
which it is circulated, and only qualified electors 
of such county or city and county shall be compe¬ 
tent to sign such section. Each section shall have 


18 


CONSTITUTION OF CALIFORNIA 


attached thereto the affidavit of the person soliciting 
signatures to the same, stating his own qualifications 
and that all the signatures to the attached section 
were made in his presence and that to the best of 
his knowledge and belief each signature to the sec¬ 
tion is the genuine signature of the person whose 
name it purports to be, and no other affidavit there¬ 
to shall be required. The affidavit of any person 
soliciting signatures hereunder shall be verified free 
of charge by any officer authorized to administer 
oaths. Such petitions so verified shall be prima 
facie evidence that the signatures thereon are 
genuine and that the persons signing the same are 
qualified electors. Unless and until it be otherwise 
proven upon official investigation, it shall be pre¬ 
sumed that the petition presented contains the sig¬ 
natures of the requisite number of qualified electors. 

Each section of the petition shall be filed with 
the clerk or registrar of voters of the county or 
city and county in which it was circulated, but all 
said sections circulated in any county or city and 
county shall be filed at the same time. Within 
twenty days after the filing of such petition in his 
office the said clerk, or registrar of voters shall de¬ 
termine from the records of registration what num¬ 
ber of qualified electors have signed the same, and 
if necessary the board of supervisors shall allow 
said clerk or registrar additional assistants for the 
purpose of examining such petition and provide for 
their compensation. The said clerk or registrar, 
upon the completion of such examination, shall 
forthwith attach to said petition, except the signa¬ 
tures thereto appended, his certificate, properly 
dated, showing the result of said examination and 
shall forthwith transmit said petition, together with 
his said certificate, to the secretary of state and 
also file a copy of said certificate in his office. With¬ 
in forty days from the transmission of the said 
petition and certificate by the clerk or registrar to 
the secretary of state, a supplemental petition iden¬ 
tical with the original as to the body of the peti¬ 
tion but containing supplemental names, may bo 


CONSTITUTION OF CALIFORNIA 


19 


filed with the elerk or registrar of voters, as afore¬ 
said. The clerk or registrar of voters shall within 
ten days after the filing of such supplemental peti¬ 
tion make like examination thereof, as of the orig¬ 
inal petition, and upon the completion of such ex¬ 
amination shall forthwith attach to said petition his 
certificate, properly dated, showing the result of 
said examination, and shall forthwith transmit a 
copy of said supplemental petition, except the signa¬ 
tures thereto appended, together with his certificate, 
to the secretary of state. 

When the secretary of state shall have received 
from one or more county clerks or registrars of 
voters a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every county 
or city and county in the state his certificate show¬ 
ing such fact. A petition shall be deemed to be 
filed with the secretary of state upon the date of 
the receipt by him of a certificate or certificates 
showing said petition to be signed by the requisite 
number of electors of the state. Any county clerk 
or registrar of voters shall, upon receipt of such 
copy, file the same for record in his office. 

The duties herein imposed upon the clerk or regis¬ 
trar of voters shall be performed by such registrar 
of voters in all cases where the office of registrar of 
voters exists. 

The initiative and referendum powers of the peo¬ 
ple are hereby further reserved to the electors 
of each county, city and county, city and town of 
the state, to be exercised under such procedure as 
may be provided by law. Until otherwise provided 
by law, the legislative body of any such county, city 
and county, city or town may provide for the man¬ 
ner of exercising the initiative and referendum 
powers herein reserved to such counties, cities and 
counties, cities and towns, but shall not require 
more than fifteen per cent of the electors thereof 
to propose any initiative measure nor more than 


20 


CONSTITUTION OF CALIFORNIA 


ten per cent of the electors thereof to order the 
referendum. Nothing contained in this section shall 
be construed as affecting or limiting the present or 
future powers of cities or cities and counties having 
charters adopted under the provisions of section 
eight of article eleven of this constitution. 

In the submission to the electors of any measure 
under this section, all officers shall be guided by the 
general laws of this state, except as is herein other¬ 
wise provided. 

This section is self-executing, but legislation may 
be enacted to facilitate its operation, but in no way 
limiting or restricting either the provisions of this 
section or the powers herein reserved. 

164 Cal. 325; 167 Cal 236; 9 App. 159; 22 
App. 249, 250, 483; 48 Cal. Dec. 490, 491. 

Senatorial and Assembly Districts. 

Sec. 6. For the purpose of choosing members of 
the legislature, the state shall be divided into forty 
senatorial and eighty assembly districts, as nearly 
equal in population as may be, and composed of con¬ 
tiguous territory, to be called senatorial and assem¬ 
bly districts. Each senatorial district shall choose 
one senator, and each assembly district shall choose 
one member of assembly. The senatorial districts 
shall be numbered from one to forty, inclusive, in 
numerical order, and the assembly districts shall be 
numbered from one to eighty in the same order, com¬ 
mencing at the northern boundary of the state and 
ending at the southern boundary thereof. In the 
formation of such districts no county, or city and 
county, shall be divided, unless it contains sufficient 
population within itself to form two or more dis¬ 
tricts, nor shall a part of any county, or of any city 
and county, be united with any other county, or city 
and county, in forming any district. The census 
taken under the direction of the congress of the 
United States in the year one thousand eight hun¬ 
dred and eighty, and every ten years thereafter, 
shall be the basis of fixing and adjusting the legis¬ 
lative districts and the legislature shall, at its first 


CONSTITUTION OF CALIFORNIA 


21 


session after each census, adjust such districts and 
reapportion the representation so as to preserve 
them as near equal in population as may be. But 
in making such adjustments no persons who are not 
eligible to become citizens of the United States, 
under the naturalization laws, shall be counted as 
forming a part of the population of any district. 
Until such districting as herein provided for shall be 
made, senators and assemblymen shall be elected by 
the districts according to the apportionment now 
provided for by law. 

58 Cal. 400; 65 Cal. 577, 579, 580; 96 Cal. 290, 
291, 293, 296; 117 Cal. 372, 523; 122 Cal. 119; 
152 Cal. 235, 236, 237. 

Embezzlers Not Eligible to Office. 

Sec. 21. No person convicted of the embezzle¬ 
ment or defalcation of the public funds of the 
United States, or of any state, or of any county or 
municipality therein, shall ever be eligible to any 
office of honor, trust, or profit under this state, and 
the legislature shall provide, by law, for the punish¬ 
ment of embezzlement or defalcation as a felony. 

136 Cal. 445; 154 Cal. 281. 

Congressional Districts, Formation of. 

Sec. 27. When a congressional district shall be 
composed of two or more counties, it shall not be 
separated by any county belonging to another dis¬ 
trict. No county, or city and county, shall be 
divided in forming a congressional district so as to 
attach one portion of a county, or city and county, 
to another county, or city and county, except in 
cases where one county, or city and county, has more 
population than the ratio required for one or more 
congressmen; but the legislature may divide any 
county, or city and county, into as many congres¬ 
sional districts as it may be entitled to by law. 
Any county, or city and county containing a popu¬ 
lation greater than the number required for one 
congressional district, shall be formed into one or 


22 


CONSTITUTION OF CALIFORNIA 


more congressional districts according to the popu¬ 
lation thereof, and any residue, after forming such 
district or districts, shall be attached, by compact 
adjoining assembly districts, to a contiguous county 
or counties, and form a congressional district. In 
dividing a county, or city and county, into con¬ 
gressional districts, no assembly district shall be 
divided so as to form a part of more than one con¬ 
gressional district, and every such congressional 
district shall be composed of compact contiguous 
assembly districts. 


ARTICLE Xn. 

Control of Public Utilities May Be Submitted to 

Electors. 

Sec. 23. Every private corporation, and every 
individual or association of individuals, owning, 
operating, managing, or controlling any commercial 
railroad, interurban railroad, street railroad, canal, 
pipe line, plant, or equipment, or any part of such 
railroad, canal, pipe line, plant or equipment with¬ 
in this state, for the transportation or conveyance 
of passengers, or express matter, or freight of any 
kind, including crude oil, or for the transmission 
of telephone or telegraph messages, or for the pro¬ 
duction, generation, transmission, delivery or fur¬ 
nishing of heat, light, water or power or for the 
furnishing of storage or wharfage facilities, either 
directly or indirectly, to or for the public, and 
every common carrier, is hereby declared to be a 
public utility subject to such control and regula¬ 
tion by the railroad commission as may be pro¬ 
vided by the legislature, and every class of private 
corporations, individuals, or associations of indi¬ 
viduals hereafter declared by the legislature to be 
public utilities shall likewise be subject to such 
control and regulation. 

The railroad commission shall have and exercise 
such power and jurisdiction to supervise and regu¬ 
late public utilities, in the State of California, and 


CONSTITUTION OF CALIFORNIA 


23 


to fix the rates to be charged for commodities fur¬ 
nished, or services rendered by public utilities as 
shall be conferred upon it by the legislature, and 
the right of the legislature to confer powers upon 
the railroad commission respecting public utilities 
is hereby declared to be plenary and to be unlim¬ 
ited by any provision of this constitution. 

From and after the passage by the legislature of 
laws conferring powers upon the railroad commis¬ 
sion respecting public utilities, all powers respect¬ 
ing such public utilities vested in boards of super¬ 
visors, or municipal councils, or other governing 
bodies of the several counties, cities and counties, 
cities and towns, in this state, or in any commis¬ 
sion created by law and existing at the time of the 
passage of such laws, shall cease so far as such 
powers shall conflict with the powers so conferred 
upon the railroad commission; provided, however, 
that this section shall not affect such powers of 
control over any public utilities as relates to the 
making and enforcement of local police, sanitary 
and other regulations, other than the fixing of rates 
vested in any city and county, or incorporated city 
or town as, at an election to be held pursuant to 
law, a majority of the qualified electors voting 
thereon of such city and county, or incorporated 
city or town voting thereon, shall vote to retain, 
and until such election such powers shall continue 
unimpaired; but if the vote so taken shall not 
favor the continuation of such powers they shall 
thereafter vest in the railroad commission as pro¬ 
vided by law; and provided, further that where any 
such city and county or incorporated city or town 
shall have elected to continue any of its powers to 
make and enforce such local, police, sanitary and 
other regulations, other than the fixing of rates, it 
may, by vote of a majority of its qualified electors 
voting thereon, thereafter surrender such powers to 
the railroad commission in the manner to be pre¬ 
scribed by the legislature; and provided, further, 
that this section shall not affect the right of any 
city and county, or incorporated city or town, to 


24 


CONSTITUTION OF CALIFORNIA 


grant franchises for public utilities upon the terms 
and conditions and in the manner prescribed by 
law. 

Nothing in this section shall be construed as a 
limitation upon any power conferred upon the rail¬ 
road commission by any provision of this constitu¬ 
tion now existing or adopted concurrently here¬ 
with. [Amendment adopted Nov. 3, 1914.] 


ARTICLE XX. 

Dueling. 

Sec. 2. Any citizen of this State who shall, after 
the adoption of this Constitution, fight a duel with 
deadly weapons, or send or accept a challenge to 
fight a duel with deadly weapons, either within this 
State or out of it, or who shall act as second, or 
knowingly aid or assist in any manner those thus 
offending, shall not be allowed to hold any office of 
profit or to enjoy the right of suffrage under this 
Constitution. 

154 Cal. 281. 

Officers or Commissioners, Election or Appointment 

Of- 

Sec. 4. All officers or commissioners whose election 
or appointment is not provided for by this constitu¬ 
tion, and all officers or commissioners whose offices 
or duties may hereafter be created by law, shall bo 
elected by the people, or appointed, as the legisla¬ 
ture may direct. 

80 Cal. 234; 85 Cal. 416; 110 Cal. 451, 452; 143 
Cal. 414, 416. 


Bribery. 

Sec. 10. Every person shall be disqualified from 
holding any office of profit in this State who shall 
have been convicted of having given or offered a 
bribe to procure his election or appointment. 

154 Cal. 281. 


CONSTITUTION OF CALIFORNIA 


Right of Suffrage Shall Be Protected. 

Sec. 11. Laws shall be made to exclude from of¬ 
fice, serving on juries, and from the right of 
suffrage, persons convicted of bribery, perjury, for¬ 
gery, malfeasance in office, or other high crimes. 
The privilege of free suffrage shall be supported by 
laws regulating elections, and prohibiting, under 
adequate penalties, all undue influence thereon from 
power, bribery, tumult, or other improper practice. 

118 Cal. 489; 120 Cal. 375; 154 Cal. 281; 19 
App. Dec. 844. 

Absence Does Not Affect Residence. 

Sec. 12. Absence from the State on business of 
the State, or of the United States, shall not affect 
the question of residence of any person. 

Plurality Elects. 

Sec. 13. A plurality of the votes given at any 
election shall constitute a choice, where not other¬ 
wise directed in this constitution, provided that it 
shall be competent in all charters of cities, counties 
or cities and counties framed under the authority 
of this constitution to provide the manner in which 
their respective elective officers may be elected and 
to prescribe a higher proportion of the vote there¬ 
for, and provided also that it shall be competent foi 
the legislature by general law to provide the man¬ 
ner in which officers of municipalities organized 
or incorporated under general laws may be elected 
and to prescribe a higher proportion of the vote 
therefor. 

143 Cal. 549; 7 Cal. App. 152. 

ARTICLE XXIII. 

RECALL OF PUBLIC OFFICIALS. 

Section 1. Every elective public officer of the 
State of California may be removed from office at 
any time by the electors entitled to vote for a suc¬ 
cessor of such incumbent, through the procedure 
and in the manner herein provided for, which pro¬ 
cedure shall be known as the recall, and is in addi* 


26 CONSTITUTION OF CALIFORNIA 

tion to any other method of removal provided by 
law. 

The procedure hereunder to effect the removal of 
an incumbent of an elective public office shall be as 
follows: A petition signed by electors entitled to 
vote for a successor of the incumbent sought to be 
removed, equal in number to at least twelve per 
cent of the entire vote cast at the last preceding 
election for all candidates for the office which the 
incumbent sought to be removed occupies (provided 
that if the officer sought to be removed is a state 
officer who is elected in any political subdivision of 
the state, said petition shall be signed by electors 
entitled to vote for a successor to the incumbent 
sought to be removed, equal in number .to at least 
twenty per cent of the entire vote cast at the last 
preceding election for all candidates for the office 
which the incumbent sought to be removed oc¬ 
cupies) demanding an election of a successor to the 
officer named in said petition, shall be addressed to 
the secretary of state and filed with the clerk, or 
registrar of voters, of the county or city and county 
in which the petition was circulated; provided that 
if the officer sought to be removed was elected in 
the state at large such petition shall be circulated 
in not less than five counties of the state, and shall 
be signed in each of such counties by electors equal 
in number to not less than one per cent of the en¬ 
tire vote cast, in each of said counties, at said elec¬ 
tion, as above estimated. Such petition shall con¬ 
tain a general statement of the grounds on which 
the removal is sought, which statement is intended 
solely for the information of the electors, and the 
sufficiency of which shall not be open to review. 

When such petition is certified as is herein pro¬ 
vided to the secretary of state, he shall forthwith 
submit the said petition, together with a certificate 
of its sufficiency, to the governor, who shall there¬ 
upon order and fix a date for holding the election, 
not less than sixty days nor more than eighty days 
from the date of such certificate of the secretary 
of state. 


CONSTITUTION OF CALIFORNIA 27 

The governor shall make or cause to be made 
publication of notice for the holding of such elec¬ 
tion, and officers charged by law with duties con¬ 
cerning elections shall make all arrangements for 
such election and the same shall be .conducted, re¬ 
turned, and the result thereof declared, in all re¬ 
spects as are other state elections. On the official 
ballot at such election shall be printed, in not more 
than two hundred words, the reasons set forth in the 
petition for demanding his recall. And in not more 
than three hundred words there shall also be printed, 
if desired by him, the officer’s justification of his 
course in office. Proceedings for the recall of any 
officer shall be deemed to be pending from the date 
of the filing with any county, or city and county 
clerk, or registrar of voters, of any recall petition 
against such officer; and if such officer shall resign 
at any time subsequent to the filing thereof, the 
recall election shall be held notwithstanding such 
resignation, and the vacancy caused by such resigna¬ 
tion, or from any other cause, shall be filled as pro 
vided by law, but the person appointed to fill such 
vacancy shall hold his office only until the person 
elected at the said recall election shall qualify. 

Any person may be nominated for the office which 
is to "be filled at any recall election by a petition 
signed by electors, qualified to vote at such recall 
election, equal in number to at least one per cent 
of the total number of votes cast at the last preced¬ 
ing election for all candidates for the office which 
the incumbent sought to be removed occupies. Each 
such nominating petition shall be filed with the sec¬ 
retary of state not less than twenty-five days before 
such recall election. 

There shall be printed on the recall ballot, as to 
every officer whose recall is to be voted on thereat, 
the following question: “Shall (name of person 
against whom the recall petition is filed) be recalled 
from the office of (title of the office)?”, following 
which question shall be the words “Yes” and 
“No” on separate lines, with a blank space at the 
right of each, in which the voter shall indicate, by 


28 CONSTITUTION OF CALIFORNIA 

stamping a cross (X), his vote for or against such 
recall. On such ballots, under each such question, 
there shall also be printed the names of those per¬ 
sons who have been nominated as candidates to 
succeed the person recalled, in case he shall be re¬ 
moved from office by said recall election; but no 
vote cast shall be counted for any candidate for 
said office unless the voter also voted on said ques¬ 
tion of the recall of the person sought to be recalled 
from said office. The name of the person against 
whom the petition is filed shall not appear on the 
ballot as a candidate for the office. If a majority 
of those voting on said question of the recall of 
any incumbent from office shall vote “No,” said 
incumbent shall continue in said office. If a ma¬ 
jority shall vote “Yes,” said incumbent shall 
thereupon be deemed removed from such office, 
upon the qualification of his successor. The can¬ 
vassers shall canvass all votes for candidates for 
said office and declare the result in like manner 

as in a regular election. If the vote at any such 

recall election shall recall the officer, then the 

candidate who has received the highest number of 
votes for the office shall be thereby declared 

elected, for the remainder of the term. In case 
the person who received the highest number of 
votes shall fail to qualify within ten days after 
receiving the certificate of election, the office shall 
be deemed vacant and shall be filled according to 
law. 

Any recall petition may be presented in sec¬ 
tions, but each section shall contain a full and 
accurate copy of the title and text of the petition. 
Each signer shall add to his signature his place of 
residence, giving the street and number, if such 
exist. His election precinct shall also appear on 
the paper after his name. The number of signa¬ 
tures appended to each section shall be at the 
pleasure of the person soliciting signatures to the 
same. Any qualified elector of the state shall be 
competent to solicit such signatures within the 
county, or city and county, of which he is an elec- 


CONSTITUTION OF CALIFORNIA 


29 


tor. Each section of the petition shall bear the 
name of the county, or city and county in which it 
is circulated, and only qualified electors of such 
county or city and county shall be competent to 
sign such section. Each section shall have at¬ 
tached thereto the affidavit of the person soliciting 
signatures to the same stating his qualifications 
and that all the signatures to the attached section 
were made in his presence and that to the best of 
his knowledge and belief each signature to the 
section is the genuine signature of the person whose 
name it purports to be; and no other affidavit there¬ 
to shall be required. The affidavit of any person 
soliciting signatures hereunder shall be verified free 
of charge by any officer authorized to administer an 
oath. Such petition so verified shall be prima 
facie evidence that the signatures thereto ap¬ 
pended are genuine and that the persons signing 
the same are qualified electors. Unless and until 
it is otherwise proven upon official investigation, 
it shall be presumed that the petition presented 
contains the signatures of the requisite number of 
electors. Each section of the petition shall b© 
filed with the clerk, or registrar of voters, of th© 
county or city and county in which it was circu¬ 
lated; but all such sections circulated in any county 
or city and county shall be filed at the same time. 
Within twenty days after the date of filing such 
petition, the clerk, or registrar of voters, shall 
finally determine from the records of registration 
what number of qualified electors have signed the 
same; and, if necessary, the board of supervisors 
shall allow such clerk or registrar additional as¬ 
sistants for the purpose of examining such petition 
and provide for their compensation. The said 
clerk or registrar, upon the completion of such ex¬ 
amination, shall forthwith attach to such petition 
his certificate, properly dated, showing the result 
of such examination, and submit said petition, ex¬ 
cept as to the signatures appended thereto, to the 
secretary of state and file a copy of said certificate 
in his office. Within forty days from the trans- 


30 


CONSTITUTION OF CALIFOBNIA 


mission of the said petition and certificate by the 
clerk or registrar of voters to the secretary of 
state, a supplemental petition, identical with the 
original as to the body of the petition but contain¬ 
ing supplemental names, may be filed with the 
clerk or registrar of voters, as aforesaid. The clerk 
or registrar of voters shall within ten days after 
the filing of such supplemental petition make like 
examination thereof as of the original petition, 
and upon the conclusion of such examination shall 
forthwith attach to such petition his certificate, 
properly dated, showing the result of such examin¬ 
ation, and shall forthwith transmit such supple¬ 
mental petition, except as to the signatures thereon, 
together with his said certificate, to the secretary 
of state. 

When the secretary of state shall have received 
from one or more county clerks, or registrars of 
voters, a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every county 
or city and county in the state a certificate show¬ 
ing such fact; and such clerk or registrar of 
voters shall thereupon file said certificate for 
record in his office. 

A petition shall be deemed to be filed with the 
secretary of state upon the date of the receipt by 
him of a certificate or certificates showing the said 
petition to be signed by the requisite number of 
electors of the state. 

No recall petition shall be circulated or filed 
against any officer until he has actually held his 
office for at least six months; save and except it 
may be filed against any member of the state legis¬ 
lature at any time after five days from the conven¬ 
ing and organizing of the legislature after his elec¬ 
tion. 

If at any recall election the incumbent whose 
removal is sought is not recalled, he shall be repaid 
from the state treasury any amount legally ex¬ 
pended by him as expenses of such election, and 


CONSTITUTION OF CALIFORNIA 


31 


the legislature shall provide appropriation for such 
purpose, and no proceedings for another recall 
election of said incumbent shall be initiated within 
six months after such election. 

If the governor is sought to be removed under 
the provisions of this article, tho duties herein im¬ 
posed upon him shall be performed by the lieuten 
ant governor; and if the secretary of state is 
sought to be removed, the duties herein imposed 
upon him shall be performed by the state con¬ 
troller; and the duties herein imposed upon the 
clerk or registrar of voters, shall be performed by 
such registrar of voters in all cases where the office 
of registrar of voters exists. 

The recall shall also be exercised by the electors 
of each county, city and county, city and town of 
the state, with reference to the elective officers 
thereof, under such procedure as shall be provided 
by law. 

Until otherwise provided by law, the legislative 
body of any such county, city and county, city or 
town may provide for the manner of exercising 
such recall powers in such counties, cities and 
counties, cities and towns, but shall not require 
any such recall petition to be signed by electors 
more in number than twenty-five per cent of the 
entire vote cast at the last preceding election for 
all candidates for the office which the incumbent 
sought to be removed occupies. Nothing herein 
contained shall be construed as affecting or limit¬ 
ing the present or future powers of cities or coun 
ties or cities and counties having charters adopted 
under the authority given by the constitution. 

In the submission to the electors of any petition 
proposed under this article all officers shall bo 
guided by the general laws of the state, except as 
otherwise herein provided. 

This article is self-executing, but legislation may 
be enacted to facilitate its operation, but in no 
way limiting or restricting the provisions of this 
article or the powers herein reserved. [New article 
adopted October 10, 1911.] 


POLITICAL CODE 


CHAPTER IV. 

SECTIONS OF THE POLITICAL CODE RELAT¬ 
ING TO ELECTIONS. 

Who Are the People. 

50. The people, as a political body, consist: 

1. Of citizens who are electors. 

2. Of citizens not electors. 

66 Cal. 44. 

Citizens Defined. 

51. The citizens of the State are: 

1. All persons born in this State and residing 
within it, except the children of transient aliens 
and of alien public Ministers and Consuls. 

2. All persons born out of this State who are citi¬ 
zens of the United States and residing within this 
State. 

66 Cal. 44. 

Residence, How Determined. 

52. Every person has, in law, a residence. In de¬ 
termining the place of residence the following rules 
are to be observed: 

1. It is the place where one remains when not 
called elsewhere for labor or other special or tempo¬ 
rary purpose, and to which he returns in seasons of 
repose. 

2. There can only be one residence. 

3. A residence cannot be lost until another is 
gained. 

4. The residence of the father during his life, and 
after his death the residence of the mother, while 
she remains unmarried, is the residence of the un¬ 
married minor child. 

5. The residence of the husband is the residence 
of the wife. 

6. The residence of an unmarried minor who has 
a parent living cannot be changed by either his own 
act or that of his guardian. 


POLITICAL CODE 


33 


7. The residence can be changed only by the 
union of act and intent. 

82 Cal. 634; 104 Cal. 625; 120 Cal. 638; 137 
Cal. 427; 145 Cal. 690; (subd. 3) 145 Cal. 
328; (subd. 4) 92 Cal. 198; 131 Cal. 182. 

Who Are Not Citizens. 

57. Persons in the State not its citizens are 
either: 

1. Citizens of other States; or, 

2. Aliens. 

Eligibility to Office. 

58. Every elector is eligible to the office for which 
he is an elector, except where otherwise specially 
provided; and no person is eligible who is not such 
an elector. 

154 Cal. 281. 

Rights and Duties of Electors and Other Citizens. 

59. An elector has no rights or duties beyond 
those of a citizen not an elector, except the right 
and duty of holding and electing to office. 

Rights and Duties of United States Citizens. 

60. A citizen of the United States, who is not a 
citizen of this State, has the same rights and duties 
as a citizen of this State not an elector. 

66 Cal. 44. 

STATE LEGISLATIVE DISTRICTS. 
Senatorial Districts. 

78. The State is divided into forty senatorial dis¬ 
tricts, which shall be designated and constituted as 
follows: 

1. The counties of Del Norte, Humboldt, Trinity 
and Tehama shall constitute the first senatorial dis¬ 
trict. 

2. The counties of Modoc, Siskiyou, Shasta and 
Lassen shall constitute the second senatorial dis¬ 
trict. 


34 


POLITICAL CODE 


3. The counties of Plumas, Sierra, Nevada, Placer 
and El Dorado shall constitute the third senatorial 
district. 

4. The counties of Mendocino, Colusa, Lake and 
Glenn shall constitute the fourth senatorial district. 

5. The counties of Napa and Solano shall consti¬ 
tute the fifth senatorial district. 

6. The counties of Butte, Yuba, Sutter and Yolo 
shall constitute the sixth senatorial district. 

7. The county of Sacramento shall constitute the 
seventh senatorial district. 

8. The county of Sonoma shall constitute the 
eighth senatorial district. 

9. The counties of Marin and Contra Costa shall 
constitute the ninth senatorial district. 

10. The counties of San Joaquin and Amador 
Bhall constitute the tenth senatorial district. 

11. The counties of San Mateo, San Benito and 
Santa Cruz shall constitute the eleventh senatorial 
district. 

12. The counties of Tuolumne, Mariposa, Stanis¬ 
laus, Merced, Alpine, Mono, Madera and Calaveras 
shall constitute the twelfth senatorial district. 

13. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the line dividing Oakland and Brooklyn 
townships intersects the northeasterly boundary line 
of the county of Alameda; thence southwesterly 
along said dividing line to the northeasterly bound¬ 
ary line of the city of Piedmont; thence southeast¬ 
erly and southerly following the northern and east¬ 
ern boundary line of the city of Piedmont to the 
southeasterly corner thereof; thence southwesterly 
along Thirteenth avenue to the center line of Four¬ 
teenth avenue; thence southerly along the center 
line of Fourteenth avenue to the center line of 
Lincoln street; thence easterly along the center line 
of Lincoln or East Thirty-first street to the center 
line of Twenty-third avenue; thence southerly along 
the center line of Twenty-third avenue to the center 
line of Sherman street, otherwise known as the old 


POLITICAL CODE 


35 


County Road; thenee easterly along said old County 
Road to the center line of High street; thence east¬ 
erly along center line of the Foothill Road, or 
County Road No. 3358, to the center line of Grand, 
or Ninetieth avenue; thence southwesterly along 
said line of Ninetieth avenue, crossing East Four- 
. teenth street to the center line of “B”, or Second 
street; thence easterly along said “B” street to the 
center line of Jones, or Ninety-eighth avenue; 
thence southerly along the center line of Jones, or 
Ninety-eighth avenue, to the center line of County 
Road No. 1995; thence southerly along the center 
line of County Road No. 1995 to the line dividing 
Brooklyn and Eden townships; thence westerly along 
said township line to the line dividing Brooklyn 
and Alameda townships; thence southerly and west¬ 
erly along the boundary line of Alameda township 
to the westerly boundary line of Alameda county; 
thence southerly along said westerly boundary line 
to its intersection with the northerly boundary line 
of Santa Clara county; thence easterly along the 
boundary line dividing Alameda and Santa Clara 
counties to a point which is the intersection of the 
boundary lines of the counties of Alameda, Santa 
Clara, Stanislaus and San Joaquin; thence north¬ 
westerly and northerly along the boundary line be¬ 
tween the counties of Alameda and San Joaquin to a 
point where the boundary line dividing the counties 
of Alameda and Contra Costa intersects the westerly 
boundary line of the county of San Joaquin; thence 
in a southwesterly and northwesterly direction along 
the boundary line between the counties of Alameda 
and Contra Costa to the point of beginning, shall 
constitute the thirteenth senatorial district. 

14. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the westerly boundary line of the county of 
Alameda is intersected by the line dividing Oak 
land and Alameda townships; thence easterly along 
said dividing line to a point in Oakland harbor 
where said line is intersected by the line dividing 


36 


POLITICAL CODE 


Oakland and Brooklyn townships; thence northerly 
along the westerly boundary line of Brooklyn town¬ 
ship, passing through the easterly arm of Lake 
Merritt and up Indian Gulch to the northeasterly 
boundary line of East Oakland Heights; thence 
southeasterly along said last boundary line to the 
center of Thirteenth avenue; thence northeasterly 
along center line of Thirteenth avenue, or County 
Road to Moraga Valley, to the center line of Four¬ 
teenth avenue; thence southerly along the center 
line of Fourteenth avenue to the center line of Lin¬ 
coln street; thence easterly along the center line of 
Lincoln, or East Thirty-first street, to the center line 
of Twenty-third avenue; thence southerly along the 
center line of Twenty-third avenue to the center line 
of Sherman street, otherwise known as old County 
Road; thence easterly along said old County Road 
to the center line of High street; thence along the 
center line of Foothill Road, or County Road No. 
3358, to the center line of Grand, or Ninetieth ave¬ 
nue; thence southerly along said line of Ninetieth 
avenue, crossing East Fourteenth street to “B’’, 
or Second street; thence easterly along said “B” 
street to the center line of Jones, or Ninety-eighth 
avenue; thence southerly along the center line of 
Jones, or Ninety-eighth avenue, to the center line 
of County Road No. 1995; thence southerly along 
center line of County Road No. 1995 to the line 
dividing Brooklyn and Eden townships; thence west¬ 
erly along said township line to the line dividing 
Brooklyn and Alameda townships; thence southerly 
and westerly along the boundary line of Alameda 
township to the westerly boundary line of Alameda 
county; thence northwesterly along the westerly 
county boundary line to the southerly boundary line 
of Oakland township and the point of beginning, 
shall constitute the fourteenth senatorial district. 

15. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the northern boundary line of the city of 
Berkeley intersects the northeasterly boundary line 
of the county of Alameda; thence westerly along 


POLITICAL CODE 


3 / 

said northern boundary line of the city of Berkeley 
to a point where the same is coincident with the 
center line of Eunice street; thence westerly along 
the center line of Eunice street to the center line 
of Mil via street; thence southerly along the center 
line of Milvia street to the center line of Adeline 
street; thence southerly along the center line of 
Adeline street to the northerly boundary line of the 
town of Emeryville; thence easterly, southerly and 
westerly following the boundary line of the town of 
Emeryville to the center line of San Pablo avenue; 
thence southerly along the center line of San Pablo 
avenue to the center line of Broadway; thence 
southerly along the center line of Broadway to the 
northern boundary line of Alameda township; 
thence easterly along the northern boundary line of 
Alameda township to the westerly line of Brooklyn 
township, the same being a point in Oakland harbor; 
thence northerly along the westerly boundary line 
of Brooklyn township, passing through the easterly 
arm of Lake Merritt and up Indian Gulch to the 
northeasterlyboundary line of East Oakland Heights; 
thence southeasterly along last said boundary line 
to the center line of Thirteenth avenue; thence 
northeasterly along the center line of Thirteenth 
avenue, or County Road to Moraga Valley, to the 
southeastern corner of the city of Piedmont; thence 
northerly and westerly following the easterly and 
northerly boundary lines of the city of Piedmont 
to the line dividing Brooklyn and Oakland town¬ 
ships; thence northeasterly along the last said town¬ 
ship line to the boundary line of Alameda county; 
thence northwesterly along the county boundary 
line to the point of beginning, shall constitute the 
fifteenth senatorial district. 

16. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the northerly boundary line of the city of 
Berkeley intersects the northeasterly boundary line 
of the county of Alameda; thence westerly along 
said northern boundary line of the city of Berkeley 


as 


POLITICAL CODE 


to a point where the same is coincident with the 
center line of Eunice street; thence westerly along 
the center line of Eunice street to the center line of 
Milvia street; thence southerly along the center line 
of Milvia street to the center line of Adeline street; 
thence southerly along the center line of Adeline 
street to the northerly boundary line of the town of 
Emeryville; thence easterly, southerly and westerly, 
following the boundary line of the town of Emery¬ 
ville to the center line of San Pablo avenue; thence 
southerly along the center line of San Pablo avenue 
to the center line of Broadway; thence southerly 
along the center line of Broadway to the northern 
boundary line of Alameda township; thence westerly 
along the line dividing Alameda and Oakland town¬ 
ships to the western boundary line of the county of 
Alameda; thence northerly along the said county 
boundary line to the northern boundary line of the 
county of Alameda; thence easterly following the 
northern boundary line of the county of Alameda to 
the point of beginning, shall constitute the sixteenth 
senatorial district. 

17. The counties of Monterey and San Luis Obispo 
shall constitute the seventeenth senatorial district. 

18. All that portion of the city and county of San 
Francisco described as follows: Commencing at the 
point of intersection of Van Ness avenue and Market 
street, continuing thence along the center line of 
the following named streets, to wit: Market to the 
waters of the Bay of San Francisco; thence along 
the shore line northerly to Filbert street, Filbert to 
Leavenworth, Leavenworth to Broadway, Broadway 
to Van Ness avenue, Van Ness avenue to Market 
street, the place of beginning, together with all the 
waters of the Bay of San Francisco and the islands 
contained therein, situated within the boundaries 
of the city and county of San Francisco, shall con¬ 
stitute the eighteenth senatorial district. 

19. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of Maple and California streets, 


POLITICAL CODE 


39 


continuing thence along the center line of the fol¬ 
lowing named streets: California to Baker, Baker 
to Pine, Pine to Laguna, Laguna to Sutter, Sutter 
to Van Ness avenue, Van Ness avenue to Broadway, 
Broadway to Leavenworth, Leavenworth to Filbert, 
Filbert to the waters of the Bay of San Francisco; 
thence along the shore line of said bay northerly 
and westerly to the waters of the Pacific ocean; 
thence along said shore line to Lobos creek where the 
same enters into the Pacific ocean; thence along the 
line of said creek and the southerly boundary line 
of the Presidio Reservation to Maple street, Maple 
to California, the place of beginning, shall constitute 
the nineteenth senatorial district. 

20. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
intersection of Pine and Laguna streets, continuing 
thence along the center line of the following named 
streets: Laguna to O’Farrell, O’Farrell street to 
St. Joseph avenue, St. Joseph avenue to Turk, Turk 
to Baker, Baker to Oak street, Oak street to Cen¬ 
tral avenue, Central avenue to Buena Vista avenue, 
Buena Vista avenue to Frederick street, Frederick to 
Clayton, Clayton street to Clarendon avenue, Claren¬ 
don avenue to Burnett avenue, Burnett avenue to 
Palo Alto avenue, Palo Alto avenue to the easterly 
line of the San Miguel rancho; thence along said 
line northerly to a point opposite Seventeenth street; 
thence along said line of Seventeenth street, if 

extended, to Kirkham street, Kirkham street to 

Locksley avenue, Locksley avenue to the westerly 
line of San Miguel rancho; thence along said line 
to Corbett avenue and Sloat boulevard; thence along 
said line of the Sloat boulevard to the waters of 
the Pacific ocean; thence along the shore line of 
said ocean northerly and easterly to Lobos creek; 
thence along the line of said creek and the south¬ 
erly boundary line of the Presidio Reservation to 
Maple street, Maple to California, California to 
Baker, Baker to Pine, Pine to Laguna, the place 

of beginning, together with the islands known aa 


40 


POLITICAL CODE 


the Farallon Islands, shall constitute the twentieth 
senatorial district. 

21. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of the center line of Twenty- 
first street with the center line of Dolores street; 
thence along the center line of the following named 
streets, to wit: Twenty-first street to San Carlos 
Btreet, San Carlos street to Eighteenth street, Eigh¬ 
teenth street to Shotwell street, Shotwell street to 
Twenty-first street, Twenty-first street to Bryant 
avenue, Bryant avenue to Army street, Army street 
to Mission street, Mission street to Twenty-ninth 
street, Twenty-ninth street to Dolores street, Dolores 
street to point of beginning; and all that portion of 
the city and county of San Francisco bounded as 
follows: Commencing at the point of intersection 
of Oak and Fillmore streets; thence along the center 
line of the following named streets: Fillmore street 
to Duboce avenue, Duboce avenue to Church street, 
Church street to Twenty-first street, Twenty-first 
street to Dolores street, Dolores street to Twenty- 
second street, Twenty-second street to Grand View 
avenue, Grand View avenue to Dixie alley, Dixie 
alley to Burnett avenue, Burnett avenue to Corbett 
avenue, Corbett avenue to the westerly boundary 
line of the San Miguel rancho; thence along the line 
of said San Miguel rancho northeasterly to Locksley 
avenue, Locksley avenue to Kirkham street; thence 
along the line of Kirkham street, if extended, east¬ 
erly to a point in the easterly boundary line of the 
San Miguel rancho opposite Seventeenth street; 
thence along said line southerly to Palo Alto avenue, 
Palo Alto avenue to Burnett avenue, Burnett avenue 
to Clarendon avenue, Clarendon avenue to Clayton 
street, Clayton street to Frederick street, Frederick 
street to Buena Vista avenue, Buena Vista avenue 
to Central avenue, Central avenue to Oak street, 
Oak street to Fillmore street, the place of beginning, 
and the following described portions of the city 
and county of San Francisco, to wit: Commencing 


POLITICAL CODE 


41 


at the point of intersection of the center line of 
Bryant avenue with the center line of Twenty-first 
street; thence along the center line of the following 
named streets, to wit: Bryant avenue to Army 
street, Army street to Connecticut street, Connecti¬ 
cut street to Twentieth street, Twentieth street to 
Bryant avenue, Bryant avenue to the point of begin¬ 
ning, shall constitute the twenty-first senatorial dis¬ 
trict. 

22. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
intersection of Twenty-first street and Bryant ave¬ 
nue, continuing thence along the center line of the 
following named streets: Bryant avenue to Eleventh 
street, Eleventh to Market, Market street to Van 
Ness avenue, Van Ness avenue to Sutter street, Sut¬ 
ter street to Laguna, Laguna to O ’Farrell, O ’Farrell 
street to St. Joseph avenue, St. Joseph avenue to 
Turk street, Turk to Baker, Baker to Oak, Oak to 
Fillmore, Fillmore 'to Duboce avenue, Duboce avenue 
to Church street, Church street to Twenty-first street, 
Twenty-first street to San Carlos street, San Carlos 
street to Eighteenth street, Eighteenth street to 
Shotwell street, Shotwell street to Twenty-first 
street, Twenty-first street to Bryant avenue, the 
place of beginning, shall constitute the twenty- 
second senatorial district. 

23. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of the center line of Market 
street with the center line of Eleventh street; thence 
along the center line of the following named streets, 
to wit: Eleventh street to Bryant avenue, Bryant 
avenue to Twentieth street, Twentieth street to the 
Bay of San Francisco; thence northerly along the 
shore line of said bay to its intersection with the 
center line of Market street; thence along the center 
line of Market street to the point of beginning, and 
the following described portion of the city and 
county of San Francisco: Commencing at the point 
of intersection of the center line of Twentieth street 


42 


POLITICAL CODE 


with the center line of Connecticut street; thence 

along the center line of the following named streets 
to wit: Connecticut street to Army street, Army 
street to San Bruno avenue, San Bruno avenue to 
the boundary line between the city and county of 
San Francisco and the county of San Mateo; thence 
easterly along said boundary line to the shore line 
of the Bay of San Francisco; thence northerly along 
said shore line to its intersection with the center line 
of Twentieth street; thence along the center line 
of Twentieth street to the point of beginning, shall 
constitute the twenty-third senatorial district. 

24. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of Dolores and Twenty-ninth 
streets; thence along the center line of the follow¬ 
ing named streets, to wit: Twenty-ninth to Mission, 
Mission to Army, Army to San Bruno avenue, San 
Bruno avenue to the boundary line dividing the city 
and county of San Francisco and the county of San 
Mateo; thence along said boundary line westerly to 
San Jose avenue, San Jose avenue to Dolores street, 
Dolores street to Twenty-ninth street, the place of 
beginning; and all that portion of the city and 
county of San Francisco bounded as follows: Com¬ 
mencing at the point of intersection of Twenty- 
second and Dolores streets; thence along the center 
line of the following named streets: Dolores street 
to San Jose avenue, San Jose avenue to the bound¬ 
ary line dividing the city and county of San Fran¬ 
cisco and the county of San Mateo; thence along 
said boundary line westerly to the intersection of 
the waters of the Pacific ocean; thence along the 
shore line of said ocean northerly to the Sloat boule¬ 
vard; thence along Sloat boulevard to Corbett ave¬ 
nue, Corbett avenue to Burnett avenue, Burnett 
avenue to Dixie alley, Dixie alley to Grand View 
avenue, Grand View avenue to Twenty-second street, 
Twenty-second to Dolores street, the place of begin¬ 
ning, shall constitute the twenty-fourth senatorial 
district. 


POLITICAL CODE 


43 


25. The counties of Ventura and Santa Barbara 
shall constitute the twenty-fifth senatorial district. 

26. The county of Fresno shall constitute the 
twenty-sixth senatorial district. 

27. All that portion of the county of Santa Clara 
not included in the twenty-eighth senatorial district, 
as designated and constituted by this section, shall 
constitute the twenty-seventh senatorial district. 

28. All that portion of the county of Santa Clara em¬ 
braced within the following precincts, as constituted 
at the general election in nineteen hundred ten, to 
wit: Agnews, that part of Alameda precinct lying 
north of the center line of Park avenue, Alviso, 
Berryessa, Burbank, that part of Crandalville pre¬ 
cinct number one lying outside of the city limits 
of the city of San Jose, as established in 1911, 
Cupertino, East San Jose number two, Fremont, 
Jefferson, Mayfield, Milpitas numbers one and two, 
Mountain View numbers one and two, Mount Ham¬ 
ilton, Orchard, Palo Alto numbers one, two, three, 
four and five, Purissima, San Jose numbers one, two, 
three, four, five, six, seven, eight, nine, ten, eleven 
and twelve, Santa Clara numbers one, two, three 
and four, Saratoga, Stanford, Stockton, Sunnyvale 
numbers one and two and University numbers one 
and two, shall constitute the twenty-eighth sena¬ 
torial district. 

29. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of the north patent boundary line of the city of 
Los Angeles with the center line of the Los Angeles 
river; thence southeasterly and southerly along the 
center line of the Los Angeles river and the center 
line of the official bed of the Los Angeles river to its 
intersection with the center line of North Broadway 
from the east; thence along the center line of the 
following named streets, to wit: North Broadway 
to Daly street, Daly street to Mission road, Mission 
road to Gallardo street, Gallardo street to Macy 
street, Macy street to Brooklyn avenue, Brooklyn 
avenue to Pleasant avenue, Pleasant avenue to First 


44 


POLITICAL CODE 


street, First street to Pecan street, Pecan street to 
Fifth street, Fifth street to Gless street, Gless street 
to Sixth street, Sixth street and its extension west¬ 
erly along the line of assembly district number 
sixty-five, as designated and constituted by section 
ninety of this code, to the center line of the official 
bed of the Los Angeles river; thence southerly along 
the line last mentioned and the prolongation thereof 
to the south boundary line of the city of Los 
Angeles; thence westerly along the line last men¬ 
tioned to the center line of Alameda street, Alameda 
street to Twentieth street, Twentieth street to 
Compton avenue, Compton avenue to Twenty-first 
street, Twenty-first street to Central avenue, Cen¬ 
tral avenue to Twenty-first street from the west, 
Twenty-first street to Maple avenue, Maple avenue 
to Eleventh street, Eleventh street to Wall street, 
Wall street to Fifth street, Fifth street to Hill 
street, Hill street to Temple street, Temple street 
to Hill street, Hill street to Sunset boulevard, Sunset 
boulevard to Hill street, Hill street to Alpine street, 
Alpine street to Cleveland street, Cleveland street 
to College street, College street to Adobe street, 
Adobe street to Look Out drive, Look Out drive to 
Park Terrace, Park Terrace to Sunset boulevard, 
Sunset boulevard to Echo Park avenue, Echo Park 
avenue and the .prolongation thereof to the north 
patent boundary of the city of Los Angeles; thence 
easterly along the line last mentioned to the place 
of beginning, shall constitute the twenty-ninth sena¬ 
torial district. 

30. The counties of San Bernardino and Inyo Shall 
constitute the thirtieth senatorial district. 

31. All that portion of the county of Los Angeles 
embraced within and comprising the seventy-first 
and seventy-second assembly districts, as designated 
and constituted by section ninety of this code, shall 
constitute the thirty-first senatorial district. 

32. The counties of Kings, Tulare and Kern shall 
constitute the thirty-second senatorial district. 


POLITICAL CODE 


45 


33. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-eighth and 
seventieth assembly districts, as designated and con¬ 
stituted by section ninety of this code, shall con¬ 
stitute the thirty-third senatorial district. 

34. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-second 
assembly district, as designated and constituted by 
section ninety of this code and all that portion of 
said county bounded as follows: Commencing at the 
intersection of the center line of Washington street 
and Hoover street, in the city of Los Angeles; 
thence along the center line of the following named 
streets, to wit: Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Caronde- 
let street, Carondelet street to Ninth street, Ninth 
street to Hoover street, Hoover street to Seventh 
street, Seventh street to Vermont avenue, Vermont 
avenue to Melrose avenue, Melrose avenue to the 
west patent boundary line of said city; thence north 
along said patent boundary line to the northwest 
corner of said city as described in the United States 
patent; thence east along the north patent bound¬ 
ary of said city to the easterly line of that portion 
of Tropico precinct number two annexed to said 
city prior to November 1, 1911; thence northwest¬ 
erly, westerly and southerly following the exterior 
lines of those portions of Tropico precinct numbers 
one and two, and of Ivanhoe precinct so annexed 
to said city, to the north line of the former city 
of Hollywood, the same being a point in the present 
north boundary line of the city of Los Angeles; 
thence following the boundary line of said city of 
Los Angeles westerly, southerly, westerly, southerly, 
westerly, southerly, easterly, southerly, easterly and 
southerly to the center line of Washington street; 
thence east along said center line to the point of 
beginning, shall constitute the thirty-fourth sena¬ 
torial district. 

35. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-sixth and 


46 


POLITICAL CODE 


sixty-ninth assembly districts, as designated and 
constituted by section ninety of this code, shall con¬ 
stitute the thirty-fifth senatorial district. 

36. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-seventh 
assembly district as designated and constituted by 
section ninety of this code, and all that portion 
of said county embraced within and comprising 
the sixty-first assembly district, as so designated and 
constituted, excepting therefrom that portion of said 
sixty-first assembly district situate within the city 
of Los Angeles and lying west of the following 
described lines, to wit: Beginning at the intersec¬ 
tion of the north patent boundary line of said city 
with the center line of the Los Angeles river; thence 
southeasterly and southerly along the center line of 
the Los Angeles river and the center line of the 
official bed of the Los Angeles river to its intersec¬ 
tion with the center line of North Broadway from 
the east, shall constitute the thirty-sixth senatorial 
district. 

37. All that portion of the county of Los Angeles 
described as follows: Beginning at the intersection 
of the center lines of Wall street and Fifth street, 
in the city of Los Angeles; thence along the center 
line of the following named streets, to wit: Fifth 
street to Hill street, Hill street to Temple street, 
Temple street to Hill street, Hill street to Sunset 
boulevard, Sunset boulevard to Hill street, Hill 
street to Alpine street, Alpine street to Cleveland 
street, Cleveland street to College street, College 
street to Adobe street, Adobe street to Look Out 
Drive, Look Out Drive to Park Terrace, Park Ter¬ 
race to Sunset boulevard, Sunset boulevard to Echo 
Park avenue, Echo Park avenue and the prolonga¬ 
tion thereof to the north patent boundary line of 
the city of Los Angeles; thence west along said 
boundary line to the northwest corner of said city 
as described in the United States patent; thence 
south along the west patent boundary line of said 
city to the center line of Melrose avenue; thence 


POLITICAL CODE 


47 


along the center line of the following named streets, 
to wit: Melrose avenue to Vermont avenue, Vermont 
avenue to Seventh street, Seventh street to Hoover 
street, Hoover street to Ninth street, Ninth street 
to Blaine street, Blaine street to Tenth street, 
Tenth street to Georgia street, Georgia street to 
Ottawa street, Ottawa street to Figueroa street 
Figueroa street to Eleventh street, Eleventh street 
to Wall street, Wall street to Fifth street, the place 
of beginning, shall constitute the thirty-seventh 
senatorial district. 

38. All that portion of the county of Los Angeles 
bounded as follows: Beginning at the intersection 
of the center line of Maple street and Eleventh 
street, in the city of Los Angeles; thence along the 
center line of the following named streets, to wit: 
Eleventh street to Figueroa street, Figueroa street 
to Ottawa street, Ottawa street to Georgia street, 
Georgia street to Tenth street, Tenth street to 
Blaine street, Blaine street to Ninth street, Ninth 
street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Figueroa street, Figueroa 
street to Vernon avenue, Vernon avenue to McKin¬ 
ley avenue or the northerly prolongation of McKin¬ 
ley avenue from the south, McKinley avenue 
and said prolongation to Fifty-first street, Fifty- 
first street to Central avenue, Central ave¬ 
nue to Fifty-first street, Fifty-first street to 
Hooper avenue, Hooper avenue to Fifty-first street, 
Fifty-first street and the easterly prolongation 
thereof to a point in the easterly boundary line of 
the city of Los Angeles; thence in a northerly 
direction along said boundary line to the southerly 
charter boundary line of the city of Los Angeles 
where the same intersects the center line of Ala¬ 
meda street, Alameda street to Twentieth street, 
Twentieth street to Compton avenue, Compton ave¬ 
nue to Twenty-first street, Twenty-first street to 
Central avenue, Central avenue to Twenty-first 


48 


POLITICAL CODE 


street from the west; Twenty-first street to Maple 
avenue, Maple avenue to Eleventh street the place 
of beginning, shall constitute the thirty-eighth sena¬ 
torial district. 

39. The counties of Riverside, Orange and Im¬ 
perial shall constitute the thirty-ninth senatorial 
district. 

40. The county of San Diego shall constitute the 
fortieth senatorial district. [Amendment approved 
January 2, 1912; in effect March 24, 191H.] 

Assembly Districts. 

90. The state is hereby divided into eighty assem¬ 
bly districts, respectively numbered and constituted 
as follows: 

1. The counties of Del Norte and Siskiyou shall 
constitute the first assembly district. 

2. The county of Humboldt shall constitute the 
second assembly district. 

3. The counties of Shasta and Trinity shall con¬ 
stitute the third assembly district. 

4. The counties of Plumas, Lassen, Modoc and 
Sierra shall constitute the fourth assembly district. 

5. The counties of Tehama, Glenn and Colusa 
shall constitute the fifth assembly district. 

6. The county of Mendocino shall constitute the 
sixth assembly district. 

7. The county of Butte shall constitute the sev¬ 
enth assembly district. 

8. The counties of Yuba, Sutter and Yolo shall 
constitute the eighth assembly district. 

9. The counties of Nevada and Placer shall con¬ 
stitute the ninth assembly district. 

10. The county of Solano shall constitute the 
tenth assembly district. 

11. The counties of Napa and Lake shall consti¬ 
tute the eleventh assembly district. 

12. All that portion of the county of Sonoma 
comprising the following election precincts of nine¬ 
teen hundred and ten, to wit: Bloomfield, Blucher, 
Bodega, Cazadero, Cotati, Dry Creek, Duncan ’a 
Mills, Forestville, Freestone, Graton, Healdsburg 


POLITICAL CODE 


49 


City numbers 1 to 4 inclusive, Healdsburg Road, 
Lakeville, Magnolia, Marin, Mendocino, Molino, 
Occidental, Pennsgrove, Petaluma numbers 1 to 7 
inclusive, East Redwood, West Redwood, Sebastopol 
numbers 1 and 2, Skagg’s Spring, Stewart’s Point, 
Table Mountain, Timber Cove, Valley Ford, and 
Wilson, shall constitute the twelfth assembly dis¬ 
trict. 

13. All that portion of the county of Sonoma not 
embraced in the twelfth assembly district shall con¬ 
stitute the thirteenth assembly district. 

14. All that portion of the county of Sacramento, 
composed of that part of the city of Sacramento, 
lying north of the center of “K” street, and east 
of the center of Thirty-first street, and all that 
portion of said Sacramento county included within 
the boundaries of “American Township,” “Brigh¬ 
ton Township,” “Center Township,” “Granite 
Township,” “Mississippi Township,” “Natoma 
Township,” and “Sutter Township,” as said town¬ 
ships existed on the first day of January, 1911, shall 
constitute the fourteenth assembly district. 

15. All that portion of the county of Sacramento 
not included in the fourteenth assembly district 
shall constitute the fifteenth assembly district. 

16. The counties of Amador, El Dorado, Alpine 
and Calaveras shall constitute the sixteenth assem¬ 
bly district. 

17. The county of Marin shall constitute the sev¬ 
enteenth assembly district. 

18. The county of Contra Costa shall constitute 
the eighteenth assemojv district. 

19. All that portion of the county of San Joaquin 
not included in the twentieth district shall consti¬ 
tute the nineteenth assembly district. 

20. All that portion of the county of San Joa¬ 
quin comprising the city of Stockton shall constitute 
the twentieth assembly district. 

21. All that portion of'the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Mar- 


50 


POLITICAL CODE 


ket street with the center line of Eleventh street; 
thence along the center line of the following named 
streets, to wit: Eleventh street to Bryant avenue, 
Bryant avenue to Twentieth street, Twentieth street 
to the waters of the Bay of San Francisco; thence 
northerly along the shore line of said bay to its in¬ 
tersection with the center line of Market street; 
thence along the center line of Market street to the 
point of beginning, shall constitute the twenty-first 
assembly district. 

22. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twen¬ 
tieth street with the center line of Bryant avenue, 
continuing thence along the center line of the fol¬ 
lowing named streets, to wit: Bryant avenue to 
Army street, Army street to San Bruno avenue, San 
Bruno avenue to the boundary line between the city 
and county of San Francisco and the county of San 
Mateo; thence easterly along said boundary line to 
the Bay of San Francisco; thence northerly along 
the shore line of the Bay of San Francisco to its 
intersection with the center line of Twentieth street; 
thence along the center line of Twentieth street to 
the point of beginning, shall constitute the twenty- 
second assembly district. 

23. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Dolores and Twenty- 
ninth streets; thence along the center line of the 
following named streets, to wit: Twenty-ninth to 
Mission, Mission to Army, Army to San Bruno ave¬ 
nue, San Bruno avenue to the boundary line divid¬ 
ing the city and county of San Francisco and the 
county of San Mateo; thence along said boundary 
line westerly to the center line of San Jose avenue; 
thence along the center lines of the following named 
streets, to wit: San Jose avenue to Dolores street, 
Dolores street to Twenty-ninth street, the place of 
beginning, shall constitute the twenty-third as¬ 
sembly district. 


POLITICAL CODE 


51 


24. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Twenty-second and 
Dolores streets, thence along the center line of 
the following named streets, to wit: Dolores to San 
Jose avenue, San Jose avenue to the boundary line 
dividing the city and county of San Francisco and 
the county of San Mateo, thence along said bound¬ 
ary line, westerly, to the waters of the Pacific 
ocean thence along the shore line of said ocean 
northerly, to the Sloat boulevard; thence along the 
center lines of the following named streets, to wit: 
Sloat boulevard to Corbett avenue, Corbett avenue 
to Burnett avenue, Burnett avenue to Dixie alley, 
Dixie alley to Grand View avenue, Grand View ave¬ 
nue to Twenty-second street, Twenty-second street 
to Dolores, the place of beginning, shall constitute 
the twenty-fourth assembly district. 

25. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Eighteenth street and 
Dolores street, continuing along the center lines 
of the following named streets, to wit: Dolores to 
Twenty-ninth, Twenty-ninth to Mission, Mission to 
Army, Army to Bryant avenue, Bryant avenue to 
Eighteenth street, Eighteenth to Harrison, Harrison 
to Eighteenth, Eighteenth to Dolores, the point of 
commencement, shall constitute the twenty-fifth 
assembly district. 

26. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister and Fillmore 
streets, continuing thence along the eenter line of 
the following named streets, to wit: Fillmore street 
to Duboce avenue, Duboce avenue to Church street, 
Church street to Eighteenth, Eighteenth to Dolores, 
Dolores to Twenty-second, Twenty-second to Grand 
View avenue, Grand View avenue to Dixie alley, 
Dixie alley to Burnett avenue, Burnett avenue to 
Clarendon avenue, Clarendon avenue to Clayton 
street, Clayton to Ashbury, Ashbury to Piedmont, 


52 


POLITICAL CODE 


Piedmont to Masonic avenue. Masonic avenue to 
Java street, Java street to Buena Yista avenue, 
Buena Vista avenue to Central avenue, Central ave¬ 
nue to Oak street, Oak street to Masonic avenue, 
Masonic avenue to McAllister street, McAllister 
street to Fillmore street, the place of beginning, 
shall constitute the twenty-sixth assembly district. 

27. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and 
Masonic avenue thence along the center line of the 
following named streets, to wit: Masonic avenue to 
Oak street, Oak street to Central avenue, Central 
avenue to Buena Yista avenue, Buena Vista avenue 
to Java street, Java street to Masonic avenue, 
Masonic avenue to Piedmont street, Piedmont street 
to Ashbury street, Ashbury street to Clayton street, 
Clayton street to Clarendon avenue, Clarendon ave¬ 
nue to Burnett avenue, Burnett avenue to Corbett 
avenue, Corbett avenue to Sloat boulevard, Sloat 
boulevard to the waters of the Pacific ocean; thence 
along the shore line of said ocean northerly to Ful¬ 
ton street, Fulton street to Masonic avenue, the 
place of beginning, shall constitute the twenty- 
seventh assembly district. 

28. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Parker 
aveDue, thence along the center line of the follow¬ 
ing named streets, to wit: Parker avenue to Cali¬ 
fornia street, California street to Maple avenue, 
Maple avenue to the southerly line of the Presidio 
Reservation; thence westerly along the southerly 
boundary of the Presidio Reservation to Lobos 
creek; thence along the center line of Lobos creek to 
the waters of the Pacific ocean; thence westerly 
and southerly along the said shore line to Fulton 
street, Fulton street to Parker avenue, the point 
of beginning, together with the islands known a» 
the Farallon islands, shall constitute the twenty 
eighth assembly district. 


POLITICAL CODE 


53 


29. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister street and 
Van Ness avenue, thence along the center lines of 
the following named streets, to wit: Van Ness ave¬ 
nue to Market street, Market street to Eleventh 
street, Eleventh street to Bryant avenue, Bryant 
avenue to Eighteenth street, Eighteenth street to 
Harrison street, Harrison street to Eighteenth 
street, Eighteenth street to Church street, Church 
street to Duboce avenue, Duboce avenue to Fillmore 
street, Fillmore street to McAllister street, McAllis¬ 
ter street to Van Ness avenue, the place of begin¬ 
ning, shall constitute the twenty-ninth assembly dis¬ 
trict. 

30. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van 
Ness avenue, thence along the center line of the 
following named streets, to wit: Van Ness avenue 
to McAllister street, McAllister street to Masonic 
avenue, Masonic avenue to Fulton street, Fulton 
street to Parker avenue, Parker avenue to California 
street, California street to Presidio avenue, Presidio 
avenue to Pine street, Pine street to Van Ness 
avenue, the point of beginning, shall constitute the 
thirtieth assembly district. 

31. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van 
Ness avenue, thence along the center line of the 
following named streets, to wit: Van Ness avenue 
to the bay of San Francisco; thence along the shore 
line of said bay to the waters of the Pacific ocean; 
thence along the shore line of said ocean to Lobos 
creek; thence along the line of said Lobos creek 
to the southerly boundary line of Presidio Reserva¬ 
tion; thence along said boundary line to Maple 
street; Maple street to California street, California 
street to Presidio avenue, Presidio avenue to Pine 
street. Pine street to Van Ness avenue, the point 


54 


POLITICAL CODE 


of beginning, shall constitute the thirty-first as¬ 
sembly district. 

32. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Van Ness avenue and 
Market street, continuing along the center line of 
the following named streets, to wit: Van Ness 
avenue to the waters of the bay of San Francisco; 
thence easterly along the shore line of said bay to 
Jones street, Jones street to Green street, Green 
street to Mason street, Mason street to Ellis street, 
Ellis street to Jones street, Jones street to Market 
street, Market street to Van Ness avenue, the point 
of beginning, shall constitute the thirty-second 
assembly district. 

33. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Market street and 
Jones street, continuing thence along the center 
line of the following named streets, to wit: Jones to 
Ellis, Ellis to Mason, Mason to Green, Green to 
Jones, Jones to the waters of the bay of San Fran¬ 
cisco; thence easterly along the shore line of said 
bay to Market street, Market street to Jones street, 
the point of beginning, and the islands of the bay 
of San Francisco within the city and county of Saa 
Francisco, shall constitute the thirty-third assembly 
district. 

34. All that portion of the county of Alameda 
lying easterly of a line described as follows: Begin¬ 
ning at a point where the boundary line between 
Eden and Alameda townships intersects the west¬ 
erly boundary line of Alameda county; thence east¬ 
erly and northerly along the boundary line of Ala 
meda township to the line dividing Brooklyn and 
Eden townships; thence easterly along the boundary 
line between Eden and Brooklyn townships to the 
southwesterly boundary line of the tow a of San 
Leandro; thence northerly and easterly along said 
boundary line to the center of East Fourteenth 
street; thence northwesterly following along the 


POLITICAL CODE 


OD 


center line of East Fourteenth street to the center 
line of Moss avenue, in the city of Oakland; thence 
northeasterly along the center line of Moss avenue 
and a direct extension of said center line to the 
northeasterly boundary line of the city of Oak¬ 
land; thence following the said northeasterly 
boundary line of the city of Oakland in a north¬ 
westerly direction to its intersection with the north¬ 
easterly boundary line of the county of Alameda, 
shall constitute the thirty-fourth assembly district. 

35. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the boundary line between Eden and Ala¬ 
meda townships intersects the westerly boundary 
line of the county of Alameda; thence in an east¬ 
erly and northerly direction along the boundary 
line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence in an east¬ 
erly direction along the boundary line between 
Eden and Brooklyn townships to the southwesterly 
boundary line of the town of San Leandro; thence 
northerly and easterly following the said town line 
to the center line of East Fourteenth street; thence 
northwesterly following the center line of East 
Fourteenth street and an extension of the same to 
its intersection with the line dividing Brooklyn 
and Oakland townships, said point being in Lake 
Merritt; thence southwesterly along said township 
line to its intersection with the northerly boundary 
line of Alameda township; thence westerly follow¬ 
ing along the said northerly boundary line of Ala¬ 
meda township to its intersection with the westerly 
boundary line of Alameda county; thence south¬ 
easterly along said county boundary line to the 
point of beginning, shall constitute the thirty-fifth 
assembly district. 

36. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Thirteenth avenue is inter¬ 
sected by the center line of East Fourteenth street 
in the city of Oakland; thence northwesterly along 


56 


POLITICAL CODE 


the center line of East Fourteenth ctreet and an 
extension of said center line to a point where the 
game intersects the westerly boundary line of Brook¬ 
lyn township, in Lake Merritt; thence northeast¬ 
erly following along the boundary line between 
Brooklyn and Oakland townships to the southerly 
boundary line of the city of Piedmont; thence east¬ 
erly, northerly and westerly following the said 
boundary line of the city of Piedmont to the line 
dividing Oakland and Brooklyn townships; thence 
northeasterly along said dividing line between Oak¬ 
land and Brooklyn townships to its intersection with 
the northeasterly boundary line of the city of Oak¬ 
land; thence southeasterly following said city 
boundary line to a point where the same would 
be intersected by a direct extension northeasterly 
of the center line of Moss avenue; thence south¬ 
westerly along said extension and along the center 
line of Moss avenue to the center line of East 
Fourteenth street; thence northwesterly along the 
center line of East Fourteenth street to the center 
line of Thirteenth avenue and the point of begin¬ 
ning, shall constitute the thirty-sixth assembly dis¬ 
trict. 

37. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Broadway is intersected 
by the center line of Thirteenth street, in the city 
of Oakland; thence southeasterly along the center 
line of Thirteenth street and a direct extension of 
said center line to its intersection with the line 
dividing Brooklyn and Oakland townships; thence 
northeasterly following along the line dividing 
Brooklyn and Oakland townships to a point in the 
southerly boundary line of the city of Piedmont; 
thence easterly, northerly and westerly, following 
the southern, eastern and northern boundary line 
of the city of Piedmont to its intersection with the 
eastern boundary line of the city of Oakland, as 
the same existed prior to the annex of 1909; thence 
northwesterly along the easterly boundary line of 


POLITICAL CODE 


57 


the city of Oakland, as the same existed prior to the 
annex of 1909, to its intersection with the center 
line of Broadway; thence southerly along the center 
line of Broadway to the center line of Fifty-first 
or Vernon street; thence westerly following along 
the center line of Fifty-first street to the center 
line of Shattuck avenue; thence southerly along the 
center line of Shattuck avenue to the center line 
of Temescal creek; thence westerly down the center 
of Temescal creek to the center of Grove street; 
thence southerly along the center of Grove street 
to the center of San Pablo avenue; thence southerly 
along the center of San Pablo avenue to the center 
of Broadway; thence southerly along the center 
of Broadway to the center of Thirteenth street, and 
the point of beginning, shall constitute the thirty- 
seventh assembly district. 

38. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Adeline street is inter¬ 
sected by the center line of Twenty-second street 
in the city of Oakland; thence easterly along the 
center line of Twenty-second street to the center line 
of Grove street; thence southerly along the center 
line of Grove street to the center line of San Pablo 
avenue; thence southerly along the center line of 
San Pablo avenue to the center line of Broadway; 
thence southerly along the center line of Broadway 
to the center line of Thirteenth street; thence east¬ 
erly along the center line of Thirteenth street and 
a direct extension of said center line to its inter¬ 
section with the line dividing Brooklyn and Oak¬ 
land townships; thence southerly along the line 
dividing Oakland and Brooklyn townships to the 
line dividing Oakland and Alameda townships; 
thence westerly along the line dividing Oakland 
and Alameda townships to a point where a direct 
extension o fthe center line of Adeline street would 
intersect the same; thence northerly .along said 
extension and along the center line of Adeline 
street to the point of beginning, shall constitute the 
thirty-eighth assembly district. 


58 


POLITICAL CODE 


39. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Adeline street is inter¬ 
sected by the center line of Twenty-second street 
in the city of Oakland; thence easterly along the 
center line of Twenty-second street to the center 
line of Grove street; thence northerly along the 
center line of Grove street to the center of Temescal 
creek; thence westerly down the center of Temescal 
creek to the town of Emeryville; thence westerly 
and northerly following the boundary line of the 
town of Emeryville to the southerly boundary line 
of the city of Berkeley; thence westerly along the 
southerly boundary line of the city of Berkeley and 
a direct extension of same to its intersection with 
the westerly boundary line of Alameda county; 
thence southerly along the westerly boundary line 
of Alameda county to its intersection with the line 
dividing Oakland and Alameda townships; thence 
easterly along the line dividing Oakland and Ala¬ 
meda townships to a point where a direct exten-. 
sion of the center line of Adeline street would 
intersect the same; thence northerly along said 
extension and along the center line of Adeline street 
to the center line of Twenty-second street and the 
point of beginning, shall constitute the thirty-ninth 
assembly district. 

40. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the easterly boundary line of the town of 
Emeryville is intersected by the southerly boundary 
line of the city of Berkeley; thence southerly and 
easterly along the boundary line of the town of 
Emeryville to a corner thereof, the same being in 
the center of Temescal creek; thence up the center 
of Temescal creek to the center line of Shattuck 
avenue; thence northerly along the center line of 
Shattuck avenue to the center line of Russell street; 
thence westerly along the center line of Russell street 
to the center line of Mil via street; thence northerly 
along the center line of Milvia street to the center 


POLITICAL CODE 


59 


line of Codornices creek; thence westerly down the 
center line of Codornices creek to the easterly 
boundary line of the town of Albany; thence north¬ 
erly along the easterly boundary line of the town 
of Albany to the northern boundary of the county 
of Alameda; thence westerly and southerly along 
the northern and western boundary line of the 
county of Alameda to a point where said boundary 
line would be intersected by a direct extension 
westerly of the southerly boundary line of the city 
of Berkeley; thence easterly along said extension 
and along the southerly boundary line of the city 
of Berkeley to the point of beginning, shall con¬ 
stitute the fortieth assembly district. 

41. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Shattuck avenue is inter¬ 
sected by the center line of Fifty-first street or 
Vernon street, in the city of Oakland; thence east¬ 
erly along the center line of Fifty-first or Vernon 
street to the center line of Broadway; thence north¬ 
easterly along the center line of Broadway to its 
intersection with the northeasterly boundary line 
of the city of Oakland, as the same existed prior 
to the annex of 1909; thence southeasterly along 
said boundary line of the city of Oakland as the 
same existed prior to the annex of 1909 to its inter¬ 
section with the northerly boundary line of the city 
of Piedmont; thence easterly following the north¬ 
erly boundary line of the city of Piedmont to its 
intersection with the boundary line dividing Brook¬ 
lyn and Oakland townships; thence northeasterly 
along the line dividing Brooklyn and Oakland town¬ 
ships to its intersection with the northeasterly 
boundary line of Alameda county; thence north¬ 
westerly and westerly following along the county 
boundary line to its intersection with the easterly 
boundary line of the town of Albany; thence south¬ 
erly along the easterly boundary line of the town 
of Albany to its intersection with the center of 
Codornices creek; thence easterly up the center of 


GO 


POLITICAL CODE 


Codornices creek to its intersection with the center 
line of Mil via street; thence southerly along the 
center line of Milvia street to the center line of 
Bussell street; thence easterly along the center line 
of Russell street to the center line of Shattuck 
avenue; thence southerly along the center line of 
Shattuck avenue to the center line of Fifty-first 
or Vernon street and the point of beginning, shall 
constitute the forty-first assembly district. 

42. The county of San Mateo shall constitute the 
forty-second assembly district. 

43. The county of Santa Cruz shall constitute the 
forty-third assembly district. 

44. All that portion of the county of Santa Clara 
not included in the forty-fifth assembly district 
shall constitute the forty-fourth assembly district. 

45. All that portion of the county of Santa Clara 
embraced within the following precincts, as con¬ 
stituted at the general election in 1910, to wit: 
Agnew, that part of Alameda precinct lying north 
of the center line of Park avenue, Alviso, Berry- 
essa, Burbank, that part of Crandalville precinct 
number one lying outside of the city limits of the 
city of San Jose, as established in 1911, Cupertino, 
East San Jose number two, Fremont, Jefferson, May- 
field, Milpitas (numbers one and two), Mountain 
View (numbers one and two), Mount Hamilton, 
Orchard, Palo Alto (numbers one to five, inclusive), 
Purissima, San Jose (numbers one to twelve inclu¬ 
sive), Santa Clara (numbers one to four, inclusive), 
Saratoga, Stanford, Stockton, Sunnyvale (numbers 
one and two), and University (numbers one and 
two), shall constitute the forty-fifth assembly dis¬ 
trict. 

46. The county of Stanislaus shall constitute the 
forty-sixth assembly district. 

47. The counties of Mariposa, Tuolumne, Mono 
and Inyo shall constitute the forty-seventh assembly 
district. 

48. The counties of Monterey and San Benito 
shall constitute the forty-eighth assembly district. 


POLITICAL CODE 


61 


49. The counties of Merced and Madera shall con¬ 
stitute the forty-ninth assembly district. 

50. All that portion of the county of Fresno com¬ 
prising the precincts of Black Mountain, Balfour, 
Barstow, Bryant, Cantua, Central Colony, Coalinga 
No. 1, Coalinga No. 2, Coalinga No. 3, Coalinga No. 
4, Coalinga No. 5, Crescent, Chicago, Fresno Colony, 
Fowler,‘Firebaugh, Houghton, Huron, Iowa, Jame¬ 
son, Kerman, Kingsburg, Layton, Laguna, Liberty, 
Lewis Creek, Lucern, Madison, Mendota, Monroe, 
New Hope, Oleander, Panoche, Pleasant Valley, 
Terry, Washington Colony, Wildflower, Warthan and 
West Park, shall constitute the fiftieth assembly dis¬ 
trict. 

51. All that portion of the county of Fresno in¬ 
cluded in and comprising Fresno City precincts 
numbered one to twenty-five, both inclusive, and the 
precincts of Hedges, Belmont, Arlington and East 
Fresno shall constitute the fifty-first assembly dis¬ 
trict. 

52. All that portion of the county of Fresno not 
included in the fiftieth and fifty-first assembly dis¬ 
tricts, shall constitute the fifty-second assembly 
district. 

53. The county of San Luis Obispo shall constitute 
the fifty-third assembly district. 

54. The county of Kings shall constitute the 
fifty-fourth assembly district. 

55. The county of Tulare shall constitute the 
fifty-fifth assembly district. 

56. The county of Kern shall constitute the fifty- 
sixth assembly district. 

57. All that portion of the county of San Ber¬ 
nardino now comprised within the following town¬ 
ships, to wit: Chino, Ontario, Upland, Cucamonga, 
Etiwanda, San Bernardino, Hesperia, Oro Grande, 
and Barstow, shall constitute the fifty-seventh 
assembly district. 

58. All that portion of the county of San Ber¬ 
nardino not included within the fifty-seventh assem- 


62 


POLITICAL CODE 


bly district, as fixed and defined in this act, shall 
constitute the fifty-eighth assembly district. 

59. The county of Santa Barbara shall constitute 
the fifty-ninth assembly district. 

60. The county of Ventura shall constitute the 
sixtieth assembly district. 

61. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: La Liebre, Del Sur, 
Lancaster, Palmdale, Acton, Newhall, San Fernando, 
Chatsworth, Calabasas, Lankershim, La Canada, 
Sunland, Burbank, Glendale City, Eagle Rock, 
Annandale, Hermon, that part of Ivanhoe and of 
Tropico numbers one and two not included within 
the city of Los Angeles, as the boundaries of said 
city existed November 1, 1911, and the following 
described portion of the city of Los Angeles: Begin¬ 
ning at the northeast corner of said city as de¬ 
scribed in the United States patent; thence follow¬ 
ing the exterior boundary line of said city as the 
same existed November 1, 1911, north, northeasterly, 
easterly, northerly and easterly in a general north¬ 
easterly direction to the extreme northeastern corner 
of said city; thence along the north line of said 
city west, southwest and southerly following such 
exterior boundary line of said city to the north 
patent boundary thereof; thence along the same 
west to the center line of Alvarado street; thence 
along the center line of the following named streets, 
to wit: Alvarado street to Sunset boulevard, Sunset 
boulevard to Park Terrace, Park Terrace to Look 
Out Drive, Look Out Drive to Adobe street, Adobe 
street to Bernardo street, Bernardo street to North 
Broadway, North Broadway (crossing the official 
bed of the Los Angeles river) to Daly street, Daly 
street to Pasadena avenue, Pasadena avenue to 
Avenue 35, Avenue 35 to Griffin avenue, Griffin ave¬ 
nue and its extension to the north patent boundary 
line of said city; thence east along said line to the 
place of beginning, shall constitute the sixty-first 
assembly district. 


POLITICAL CODE 


63 


62. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts of nineteen hundred ten, to wit: 
Redondo Beach City numbers one and two, Hermosa 
Beach City, Wiseburn, Inglewood City, Freeman, 
Del Key, Ocean Park City numbers one, two and 
three, Moneta, Howard, Ballona, Cienega, Santa 
Monica City numbers one, two, three, four, five, six, 
seven, eight and nine, Malibu, National Military 
Home numbers one, two, three, four, five and six, 
Sawtelle City numbers one, two and three, and 
Sherman, shall constitute the sixty-second assembly 
district. 

63. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersec¬ 
tion of the center lines of Washington and Hoover 
streets, in the city of Los Angeles; thence along 
the center line of the following named streets, to 
wit: Hoover street to Pico street, Pico street to 
Hoover street, Hoover street to Carondelet street, 
Carondelet street to Ninth street, Ninth street to 
Hoover street, Hoover street to Benton boulevard, 
Benton boulevard to Sixth street, Sixth street to 
Hoover street, Hoover street to Occidental boule¬ 
vard, Occidental boulevard to First street, First 
street to Occidental boulevard, Occidental boulevard 
to Sunset boulevard, Sunset boulevard to Alvarado 
street, Alvarado street to the north patent boundary 
of said city; thence along the same east to the east¬ 
erly line of that portion of Tropico precinct num¬ 
ber two annexed to said city prior to November 1, 
1911; thence northwesterly, westerly and southerly, 
following the exterior lines of those portions of 
Tropico precincts numbers one and two, and of 
Ivanhoe precinct, so annexed to said city, to the 
north line of the former city of Hollywood, the 
same being a point in the present north boundary 
line of the city of Los Angeles; thence following the 
boundary line of said city of Los Angeles westerly, 
southerly, westerly, southerly, westerly, southerly, 
easterly, southerly, easterly and southerly to the 


64 


POLITICAL CODE 


center line of Washington street; thence east along 
said center line to the point of beginning, shall con¬ 
stitute the sixty-third assembly district. 

64. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Hill and Seventh streets, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Hill street to Temple 
street, Temple street to Hill street, Hill street to 
Sunset boulevard, Sunset boulevard to Hill street, 
Hill street to Alpine street, Alpine street to Cleve¬ 
land street, Cleveland street to College street, Col¬ 
lege street to Adobe street, Adobe street to Look 
Out Drive, Look Out Drive to Park Terrace, Park 
Terrace to Sunset boulevard, Sunset boulevard to 
Occidental boulevard, Occidental boulevard to First 
street, First street to Occidental boulevard, Occi¬ 
dental boulevard to Hoover street, Hoover street to 
Sixth street, Sixth street to Benton boulevard, Ben¬ 
ton boulevard to Hoover street. Hoover street to 
Seventh street, Seventh street to Hill street, the 
point of beginning, shall constitute the sixty-fourth 
assembly district. 

65. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of the center lines of North Broadway and Daly 
street, in the city of Los Angeles; thence along the 
center lines of the following named streets, to wit: 
North Broadway (crossing the official bed of the 
Los Angeles river), to Bernardo street, Bernardo 
street to Adobe street, Adobe street to College 
street, College street to Cleveland street, Cleveland 
street to Alpine street, Alpine street to Hill street, 
Hill street to Sunset boulevard, Sunset boulevard to 
Hill street, Hill street to Temple street, Temple 
street to Hill street, Hill street to Fifth street, Fifth 
street to Central avenue, Central avenue to Sixth 
street, Sixth street and its easterly extension to 
the intersection with the center line of Gless street, 
Gless street to Fifth street, Fifth street to Pecan 
street, Pecan street to First street, First street to 


POLITICAL CODE 


65 


Pleasant avenue, Pleasant avenue to Brooklyn ave¬ 
nue, Brooklyn avenue to Macy street, Macy street 
to Gallardo street, Gallardo street to Mission Road, 
Mission Road to Daly street, Daly street to North 
Broadway, the point of beginning, shall constitute 
the sixty-fifth assembly district. 

66. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the northeast¬ 
ern corner of the city of Los Angeles, as the same 
is described in the United States patent; thence 
westerly along the northern patent boundary line 
of said city to the center line of Griffin avenue, or 
the northerly prolongation thereof; thence along 
the northerly prolongation of said center line and 
along the center line of the following named streets, 
to wit: Griffin avenue to Avenue 35, Avenue 35 to 
Pasadena avenue, Pasadena avenue to Daly street, 
Daly street to Mission Road, Mission Road to Gal¬ 
lardo street, Gallardo street to Macy street, Macy 
street to Brooklyn avenue, Brooklyn avenue to 
Pleasant avenue, Pleasant avenue to First street, 
First street to Pecan street, Pecan street to Fifth 
street, Fifth street to Gless street, Gless street to 
Sixth street, Sixth street and its extension westerly, 
along the line of assembly district number sixty- 
five, as constituted and designated by this section, 
to the center line of the official bed of the Los 
Angeles river; thence southerly along said center 
line and its southerly prolongation to the south 
boundary of said city; thence east along said bound¬ 
ary line to the southeastern corner of said city; 
thence north along the east line of said city to the 
point of beginning, shall constitute the sixty-sixth 
assembly district. 

67. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts of nineteen hundred ten, to wit: 
Pasadena City numbers one, two, three, four, five, 
six, seven, eight, nine, ten, eleven, twelve, thirteen, 
fourteen, fifteen, sixteen, seventeen, eighteen, nine¬ 
teen, twenty, twenty-one, twenty-two and twenty- 


66 


POLITICAL CODE 


three, and Altadena, shall constitute the sixty-sev¬ 
enth assembly district. 

68. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Claremont City, La 
Yerne, Lordsburg City, San Dimas, Pomona City 
numbers one, two, three, four, five and six, Spadra, 
Azusa, Azusa City, Glendora, Covina, Covina City, 
Rowland, Rivera, Los Nietos, Whittier City num¬ 
bers one, two, three, and four, and all of El Monte 
precinct except that portion thereof lying north of 
the westerly prolongation of the south line of Santa 
Anita precinct and except that portion thereof lying 
west of the line dividing ranges eleven and twelve 
west, in township one south, San Bernardino base 
and meridian, shall constitute the sixty-eighth 
assembly district. 

69. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Monrovia City num¬ 
bers one, two and three, Duarte, Arcadia City num¬ 
bers one and two, Sierra Madre City, Lamanda 
numbers one and two, Santa Anita, San Gabriel, 
Alhambra City numbers one, two and three, South 
Pasadena City numbers one, two and three, Baird, 
Belvidere numbers one and two, Montebello, Laguna, 
Fruitland, Vernon City, Huntington Park City num¬ 
bers one and two, that part of the precincts of 
Miramonte and Florence lying east of the center 
line of the right of way of the Long Beach line 
of the Pacific Electric Railway Company, and that 
part of the precinct of El Monte lying north of the 
westerly prolongation of the southerly line of Santa 
Anita precinct and also that part of said precinct 
of El Monte lying west of the line dividing ranges 
eleven and twelve west, in township one south, San 
Bernardino base and meridian, shall constitute the 
sixty-ninth assembly district. 

70. All that portion of the county of Los Angelas 


POLITICAL CODE 


67 


included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Long Beach Citj 
numbers one, two, three, four, five, six, seven, eight, 
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, 
sixteen, seventeen, eighteen and nineteen, Naples, 
Alamitos, Cerritos, Artesia, Norwalk, La Mirada, 
East Whittier, Downey numbers one and two, Clear¬ 
water, Willowbrook, Dominguez, Watts City, Comp¬ 
ton City, and that part of Wilmington precinct 
which was annexed to the city of Long Beach prior 
to November 1, 1911, shall constitute the seventieth 
assembly district. 

71. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Catalina, Lomita, 
Green Meadows, Gardena numbers one and two, 
all of Wilmington precinct, except the part which 
was prior to November 1, 1911, annexed to the city 
of Long Beach, that part of the precincts of Mira 
monte and Florence lying west of the center line 
of the right of way of the Long Beach line of th« 
Pacific Electric Bailway Company, and Los Angeles 
City precincts numbers one hundred ninety-two, on© 
hundred ninety-three, one hundred ninety-four, on© 
hundred ninety-seven, one hundred ninety-eight, one 
hundred ninety-nine, two hundred, two hundred four, 
two hundred five, two hundred six, two hundred 
seven, two hundred eight, two hundred eleven, two 
hundred thirteen, two hundred eighteen, two hun¬ 
dred nineteen, two hundred twenty-three, two hun¬ 
dred twenty-four, two hundred twenty-five, two 
hundred twenty-six, two hundred twenty-seven, two 
hundred twenty-eight, two hundred twenty-nine and 
two hundred thirty, shall constitute the seventy- 
first assembly district. 

72. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Los Angeles City 


68 


POLITICAL CODE 


numbers one hundred sixty-eight, one hundred sixty- 
nine, one hundred seventy, one hundred seventy- 
one, one hundred seventy-two, one hundred seventy- 
three, one hundred seventy-four, one hundred sev¬ 
enty-five, one hundred seventy-six, one hundred 
seventy-eight, one hundred seventy-nine, one hun¬ 
dred eighty, one hundred eighty-one, one hundred 
eighty-two, one hundred eighty-three, one hundred 
eighty-four, one hundred eighty-five, one hundred 
eighty-six, one hundred eighty-seven, one hundred 
eighty-eight, one hundred eighty-nine, one hundred 
ninety, one hundred ninety-one, that part of Los 
Angeles City precinct number one hundred fifty- 
seven lying south of the center line of Jefferson 
street, and all of Los Angeles City precinct number 
one hundred seventy-seven, except that portion 
thereof bounded by the west patent boundary line 
of the city of Los Angeles, the center line of 
Hoover street (formerly Kingsley street) and the 
center line of West Jefferson street, shall constitute 
the seventy-second assembly district. 

73. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Main and Washington street, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Main street to Jeffer¬ 
son street, Jefferson street to Figueroa street, Fig¬ 
ueroa street to Vernon avenue, Vernon avenue to 
McKinley avenue, or the northerly prolongation of 
McKinley avenue from the south, McKinley avenue 
and said prolongation to Fifty-first street, Fifty- 
first street to Central avenue, Central avenue to 
Fifty-first street, Fifty-first street to Hooper avenue, 
Hooper avenue to Fifty-first street, Fifty-first street 
and the easterly prolongation thereof to a point in 
the easterly boundary line of the city of Los 
Angeles, thence in a northerly direction along said 
boundary line to the southerly charter boundary 
line of the city of Los Angeles where the same 
intersects the center line of Alameda street, Ala- 
to Twentieth street, Twentieth street to 


POLITICAL CODE 


69 


Central avenue, Central avenue to Washington 
street, Washington street to Main street, the point 
• of beginning, shall constitute the seventy-third 
assembly district. 

74. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Fifth and Hill streets, in the city of Los 
Angeles; thence along the center line of the follow¬ 
ing named streets, to wit: Fifth street to Central 
avenue, Central avenue to Sixth street, Sixth street 
and the extension thereof along the line of assem¬ 
bly district number sixty-five, as designated and 
constituted by this section, to the center line of the 
official bed of the Los Angeles river; thence south¬ 
erly along the last mentioned line and the pro¬ 
longation thereof to the south boundary line of the 
city of Los Angeles; thence westerly along said 
boundary line to the center line of Alameda street, 
Alameda street to Twentieth street, Twentieth 
street to Central avenue, Central avenue to Wash¬ 
ington street, Washington street to Hill street, Hill 
street to Fifth street, the point of beginning, shall 
constitute the seventy-fourth assembly district. 

75. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Seventh and Hill streets, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Seventh street to 
Hoover street, Hoover street to Ninth street, Ninth 
street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Main street, Main street 
to Washington street, Washington street to Hill 
street, Hill street to Seventh street, the point of be¬ 
ginning, shall constitute the seventy-fifth assembly 
district. 

76. The county of Orange shall constitute the sev¬ 
enty-sixth assembly district. 

77. The county of Riverside shall constitute the 
seventy-seventh assembly district. 


70 


POLITICAL CODE 


78. The county of Imperial shall constitute the 
seventy-eighth assembly district. 

79. All that portion of the county of San Diego 
included within the corporate limits of the city of 
San Diego shall constitute the seventy-ninth assem¬ 
bly district. 

80. All that portion of the county of San Diego 
not included in the seventy-ninth assembly district 
shall constitute the eightieth assembly district. 


Congressional Districts. 

117. The state is divided into eleven congres¬ 
sional districts, which shall be designated and con¬ 
stituted as follows: 

1. The counties of Del Norte, Humboldt, Mendo¬ 
cino, Glenn, Butte, Yuba, Sutter, Marin, Colusa, 
Lake and Sonoma shall constitute the first congres¬ 
sional district. 

2. The counties of Siskiyou, Modoc, Trinity, 
Shasta, Lassen, Tehama, Plumas, Sierra, Nevada 
Placer, El Dorado, Amador, Calaveras, Alpine, Tuol¬ 
umne and Mariposa shall constitute the second con¬ 
gressional district. 

3. The counties of Napa, Yolo, Sacramento, 
Solano, Contra Costa and San Joaquin shall con¬ 
stitute the third congressional district. 

4. All that portion of the city and county of San 
Francisco comprising the twenty-eighth, thirty-first, 
thirtieth, thirty-second, thirty-third and twenty-first 
assembly districts, as such districts are constituted 
by section ninety of this code, as amended at the 
extraordinary session of the legislature commencing 
November 27, 1911, shall constitute the fourth con¬ 
gressional district. 

5. All that portion of the city and county of San 
Francisco not included in the fourth congressional 
district shall constitute the fifth congressional dis¬ 
trict. 

. 6. The eounty of Alameda shall constitute th« 
sixth congressional district. 


POLITICAL CODE 


71 


7. The counties of Stanislaus, Merced, Madera, 
. Fresno, Kings, Tulare and Kern shall constitute the 

seventh congressional district. 

8. The counties of San Mateo, Santa Clara, Santa 
Cruz, San Benito, Monterey, San Luis Obispo, Santa 
Barbara and Ventura shall constitute the eighth 
congressional district. 

9. All that portion of the county of Los Angeles 
comprising the _ sixty-first, sixty-fifth, sixty-sixth, 
sixty-seventh, sixty-eighth, sixty-ninth and seven¬ 
tieth assembly districts, as such districts are con¬ 
stituted by section ninety of this code, as amended 
at the extraordinary session of the legislature com¬ 
mencing November 27, 1911, shall constitute the 
ninth congressional district. 

10. All that portion of the county of Los Angeles 
not included in the ninth congressional district shall 
constitute the tenth congressional district. 

11. The counties of San Bernardino, Orange, Riv¬ 
erside, San Diego, Mono, Inyo and Imperial shall 
constitute the eleventh congressional district. 


LEGISLATIVE OFFICERS. 

Election of Senators. 

227. At the general election in the year 1908, 
and every four years thereafter, a Senator shall be 
elected in each odd-numbered Senatorial district 
constituted in Section 78 of this Code. At the gen¬ 
eral election in the year 1910, and every four years 
thereafter, a Senator shall be elected in each even- 
numbered district constituted in Section 78 of this 
Code. 

Election of Assemblymen. 

228. At the general election in the year 1908, 
and every two years thereafter, a Member of the 
Assembly shall be elected in each of the Assembly 
districts constituted by Section 90 of this Code. 


72 


POLITICAL CODE 


Change of Precinct Boundaries. 

229. Neither Boards of Supervisors, municipal 
officers, nor any other officer or officers, shall have 
the power to alter the boundaries of any township, 
ward, election precinct, or other local subdivision, 
of any county, city and county, city or town, so as 
to change the boundaries of any Senatorial or As¬ 
sembly district as constituted and defined in Chap¬ 
ter II of Title I of Part II of this Code. 


GENERAL PROVISIONS RELATING TO 
ELECTIONS. 

General Election, When Held. 

1041. There must be held throughout the State, 
on the first Tuesday after the first Monday of No¬ 
vember, in the year eighteen hundred and eighty, 
and in every second year thereafter, an election, to 
be known as the general election. 

52 Cal. 169; 56 Cal. 98; 58 Cal. 560; 62 Cal. 
572; 130 Cal. 94; 141 Cal. 430; 18 App. 
720. 

Special Elections. 

1043. Special elections are such as are held to 
supply vacancies in any office, and are held at such 
times as may be designated by the proper board or 
officer. 

52 Cal. 169; 55 Cal. 617; 114 Cal. 364; 130 
Cal. 94; 18 App. 720. 

Municipal Elections—How Conducted. 

1044. Except in the particulars or cases other¬ 
wise provided for in the constitution or laws of 
the state or bv the provisions of a freeholder char¬ 
ter duly adouted or amended pursuant to the 


POLITICAL CODE 


— o 

i O 


constitution of this state, all municipal elections, 
where the same are held separate from state elec¬ 
tions, and all elections held under the authority 
of Section eight of Article eleven of the constitu¬ 
tion, to elect boards of freeholders, or to vote upon 
proposed charters, or upon amendments to existing 
charters, and all other special elections, including 
all special elections to vote upon or for or against 
any proposition or question authorized to be sub¬ 
mitted to a vote, shall be conducted under the pro¬ 
visions of sections 1044, 1120, 1121, 1133 and 1151 
of this code. 


ELECTION PROCLAMATIONS. 

Governor to Issue Election Proclamation. 

1053. At least thirty days before a general elec¬ 
tion, and whenever he orders a special election to fill 
a vacancy in the office of State Senator or member 
of Assembly, at least ten days before such special 
election the Governor must issue an election procla¬ 
mation, under his hand and the Great Seal of the 
State, and transmit copies thereof to the Boards of 
Supervisors of the counties in which such elections 
are to be held. 

91 Cal. 435. 

Contents of. 

1054. Such proclamation must contain: 

1. A statement of the time of election, and of the 
offices to be filled. 

2. An offer of rewards, in the following form: 
“And I do hereby offer a reward of one hundred 
dollars for the arrest and conviction of any and 
every person violating any of the provisions of 
Title IV, Part I, of the Penal Code; such rewards 
to be paid until the total amount hereafter expended 


74 POLITICAL CODE 

for the purpose reaches the sum of ten thousand 
dollars. * ’ 

55 Cal. 617; 91 Cal. 435 

Duty of Supervisors in Respect To. 

1055. The Board of Supervisors, upon the receipt 
of such proclamation may, in case of general or 
special elections, cause a copy of the same to be 
published in some newspaper printed in the county, 
if any, and to be posted at each place of election 
at least ten days before the election; and in ease 
of special elections to fill a vacancy in the office of 
State Senator or member of Assembly, the Board of 
Supervisors, upon receipt of such proclamation, may, 
in their discretion, cause a copy of the same to be 
published or posted as hereinbefore provided, except 
that such publication or posting need not be made 
for a longer period than five days before such 
election. 

53 Cal. 393; 56 Cal. 116; 91 Cal. 435. 

When Supervisors Must Issue. 

1056. Whenever a special election is ordered by 
the Board of Supervisors, they must issue an elec¬ 
tion proclamation, containing the statement pro¬ 
vided for in subdivision one, of section ten hun¬ 
dred and fifty-four, and must publish and post it in 
the same manner as proclamations issued by the 
Governor. 

55 Cal. 621; 91 Cal. 435. 


MISCELLANEOUS PROVISIONS. 

Plurality Elects. 

1066. The person receiving at any election & 
plurality of the votes polled for any office to be 
filled at such election, is elected thereto; provided, 
that in any city, county or city and county which, 
by its charter, prescribes for the election of its 
officers a higher proportion of votes than a plurality 


POLITICAL CODE 


such higher proportion of votes as may be so pre¬ 
scribed shall be necessary for such election; and 
provided, further, that in any municipality organ¬ 
ized or incorporated under general laws, such higher 
proportion of votes than a plurality as may be 
prescribed by general law shall be necessary for the 
election of the officers of such municipality. 
132 Cal. 284; 143 Cal. 549; 7 Cal. App. 152. 

In Case of Tie Vote. 

1067. If at any election, except that for Governor 
or Lieutenant-Governor, two or more persons receive 
an equal and the highest number of votes, there is 
no choice, and a special election to fill such office 
must be ordered by the proper Board or officer. 

132 Cal. 284; 143 Cal. 546, 547, 549; 151 Cal. 
452, 453. 

Proceedings in Case of Tie Vote for Governor or 
Lieutenant-Governor. 

1068. In case any two or more persons have an 
equal and highest number of votes for either Gov¬ 
ernor or Lieutenant-Governor, the Legislature must, 
by a joint vote of both houses, choose one of the 
persons to fill such office. 

Voters Privileged From Arrest, When. 

1069. Electors are privileged from arrest, except 
for an indictable offense, during their attendance on 
the election, and in going to and returning from 
the same. 

Excused From Militia Duty, When. 

1070. No elector is obliged to perform militia duty 
on the day of election, except in time of. war or 
public danger. 

No Fees for Registration. 

1071. No fees must be charged for registration or 
oertificates thereof. 


7.6 


POLITICAL CODE 


Compensation of Officers. 

1072. Each member upon a Board of Election in 
any county, or city and county, in the State, and 
each clerk thereof, shall receive as compensation for 
his services upon such Board a sum not to exceed 
ten dollars, which sum shall be paid out of the 
treasury of the county, or city and county, in which 
such persons act. 

142 Cal. 517. 

Assignment or Transfer by Election Officer of Com¬ 
pensation, a Misdemeanor. 

1072a. It shall be unlawful for any person serv¬ 
ing as an election officer, or who has served as an 
election officer at an election, or who has been ap¬ 
pointed to serve as an election officer at any elec¬ 
tion, to assign or in any manner transfer the com¬ 
pensation which he will receive or be entitled to 
receive, or to have allowed to him for service as an 
election officer at any precinct, to any person, per¬ 
sons or corporation, until after the full completion 
of the election at the precinct, or until after the 
returns of such election from the precinct where he 
served as an election officer, have been sealed and 
delivered to the county clerk or registrar of voters, 
or postmaster or express agent, as provided by 
section 1264 of the Political Code, and it shall be 
unlawful for any person, persons or corporation, or 
their agent or servant, to either directly or indirectly 
receive any such assignment or transfer, or pay or 
advance any sum of money whatever, to any such 
election officer or to any person for the use of such 
election officer, until said election returns have been 
sealed and delivered as hereinbefore provided. Any 
person who shall violate any provision of this sec¬ 
tion shall be guilty of a misdemeanor. [New sec 
tion approved May 1, 1911.] 

Blanks to Be Prepared. 

1073. The necessary printed blanks for poll lists, 
tally lists, lists of voters, oath, and returns, to- 


POLITICAL CODE 


77 


gether with envelopes in which to inclose returns, 
. must be furnished by the County Clerk to the offi¬ 
cers of each election precinct, at the expense of 
the county. [Amendment approved April 28, 1915.1 


BOARDS OF ELECTION COMMISSIONERS. 

County, City, and City and County Boards ol 
Election Commissioners. 

1075. The board of supervisors of each county is 
ex officio the board of election commissioners in and 
for the county, and the common council, or other 
governing body of a city, is ex officio the board of 
election commissioners in and for such city; pro¬ 
vided, that in any city and county of this state 
having four hundred thousand or more inhabitants 
as shown by the last federal census, the board of 
election commissioners shall consist of four persons, 
citizens and electors of such city and county, each 
of whom must be a freeholder, and have been an 
actual resident of said city and county at least five 
years preceding his appointment, who shall be ap¬ 
pointed by the mayor; provided, that the respective 
executive committees of the state committees of 
either of the political parties who may be entitled 
under the provisions of this act to have members of 
their party appointed as members of said board of 
election commissioners shall have the right, within 
ten days after such appointment, to file with the 
mayor a written protest against the appointment 
of a member of said board of election commission¬ 
ers, as having been appointed as one of affilia¬ 
tion with said party, on the grounds that said 
appointee is not a person of well-known affiliation 
and standing with said party from which he has been 
appointed; and the mayor thereupon shall make 
another appointment in the place of the party 
against whom the protest has been filed. The mem¬ 
bers of said commission shall be ineligible to any 
other office or public employment, elective or 
appointive, during the term for which they have 


78 


POLITICAL CODE 


been appointed and for one year thereafter. Two 
of the persons so appointed shall be selected from 
the body of citizens and electors of such city and 
eounty, of known affiliation with and belonging to 
the political party or organization which at the last 
presidential election held in such city and county, 
polled within said city and county, the highest num¬ 
ber of votes cast for the candidates of the political 
party for presidential electors at such election; and 
the two remaining members of said board shall be 
selected from the body of electors of such city and 
eounty, of known affiliation with and belonging to 
the political party which, at the last presidential 
election held at such city and county, polled within 
such city and eounty, the next highest number of 
votes cast for the candidates for presidential electors 
of a political party. 

The members of said commission shall, every 
two years, choose one of their number as chairman; 
in the event of their failure to select a chairman 
in five ballots, the oldest of said members in point 
of years shall be chairman. 

The persons first appointed as such board of elec¬ 
tion commissioners shall be appointed on the first 
Monday of July, eighteen hundred and ninety-five, 
and shall each hold their office for the term of four 
years from and after the date of their appointment, 
except that of those first appointed, two (one be¬ 
longing to each political party or organization as 
aforesaid), to be designated by the mayor, shall 
retire at the end of two years, when their successors 
shall be appointed by the mayor. 

Whenever any vacancy shall occur in the said 
board, such vacancy shall be filled by appointment 
as herein prescribed, and the persons so appointed 
to fill such vacancy shall be selected in the same 
manner and from the same political party or organ¬ 
ization with which his predecessor in office affiliated 
and belonged at the time of his appointment thereto, 
and shall hold office for the balance of the unexpired 
term to which he was appointed. 

The salary of each member of the board of elee- 


POLITICAL CODE 


79 


tion commissioners in and for a city and county, 
* having four hundred thousand or more inhabitants 
as shown by the last federal census shall be seven 
hundred and fifty dollars per annum, payable in 
equal monthly installments, out of the treasury of 
such city and county, in the same manner as the 
salaries of other officers of said city and county, are 
paid. 

Ill Cal. 99, 100; 143 Cal. 471. 


Powers of Commissioners. 

1076. The board of election commissioners, as 
provided for in this article, shall, within their 
respective counties, cities, or cities and counties, be 
invested with and shall exercise all the powers con¬ 
ferred, and shall discharge and perform all the 
duties imposed by this code or by any law of this 
state, upon boards of supervisors of the several 
counties, or upon the common council or other gov¬ 
erning body of cities, or upon any other board or 
body, in respect to the conduct, control, management, 
and supervision of elections, and all matters per¬ 
taining to elections held within the respective coun¬ 
ties, cities, or cities and counties, as the same are 
now or may be hereafter prescribed by law. 

(NOTE.—The article herein referred to includes 
sections 1075-1080 inclusive.) 


Secretary and Clerks of Commissioners. 

1077. The county clerk is ex officio clerk of the 
board of election commissioners of the county, and 
the clerk or secretary of the common council or 
other governing body of a city is ex officio the clerk 
or secretary of the board of election commissioners 
of the city; provided, that in cities and counties 
of this state having four hundred thousand or more 
inhabitants, the board of election commissioners 
shall appoint a suitable person, not one of their 
own number, to act as secretary at a salary not to 


80 


POLITICAL CODE 


exceed two hundred and fifty dollars per month, 
payable in the same manner as the salaries of the 
commissioners are paid. Such secretary shall hold 
his office during the pleasure of the said board. 

The seeretarv of the board of election commission¬ 
ers shall not, during the term of his office, engage 
in any other calling or trade, or profession or em¬ 
ployment, and shall be ineligible to be a candidate 
or delegate to any convention which shall nominate 
candidates for office, and he shall be ineligible to 
be voted for for any office while acting as such 
secretary; and if these provisions of the law are 
not obeyed, it shall be the duty of the board of 
election commissioners forthwith to declare his place 
vacated, and the vacancy shall be filled in the same 
manner and terms as provided for in the original 
appointment. 

Each member of the board of election commission¬ 
ers, and the secretary elected by said board of elec¬ 
tion commissioners, shall, within fifteen days after 
receiving notice of their appointment, take the usual 
oath of office before any judge of the superior court 
of said city and county, and said oaths of office 
shall be filed with the county clerk of said city and 
county. 

The board of election commissioners shall have 
the power to appoint all deputies, and such clerks 
as may be necessary, and to fix their salaries at the 
time of their employment. All deputies and clerks 
thus appointed shall be equally divided between the 
representatives of the political parties that polled 
the highest and the next to the highest number of 
votes at the preceding presidential election. The 
salaries of all deputies and clerks that may be ap¬ 
pointed by said board of election commissioners shall 
be payable in equal monthly installments out of the 
treasury of said city and county, in the-same manner 
as the salaries of other officers of such city and coun¬ 
ty, are paid. 

The members of the board of election commission¬ 
ers, the secretary of the board of election commis¬ 
sioners, all deputies and clerks appointed by the 


POLITICAL CODE 


81 


board of election commissioners, and all election 
• officers, shall have the power to administer oaths; 
and any false oaths taken before them, or either of 
them, shall be deemed to be perjury, and the person 
so convicted thereof shall be punished according to 
law. 

143 Cal. 471. 

Clerk—Powers of. Secretary in Cities and Counties 
of Four Hundred Thousand. 

1078. The county clerk of each county, and the 
elerk or secretary of the common council of a city, 
shall, within their respective counties or cities, exer¬ 
cise all the powers conferred, and shall discharge and 
perform all the duties imposed by this code, or by 
any law of this state, upon such officers in respect 
to the conduct, management, and supervision of elec¬ 
tions, and matters pertaining to elections, held 
within the respective counties or cities, as the same 
are now or may be .hereafter prescribed by law; 

Provided, that in any city and county having four 
hundred thousand or more inhabitants, the secre¬ 
tary of the board of election commissioners, under 
the direction of the board of election commissioners, 
shall exercise all the powers conferred and shall 
discharge and perform all the duties imposed by 
this code, or by any law of this state, upon the 
county clerk or any other officer in such cities and 
counties, in respect to the conduct and supervision 
of matters relating to elections held within such 
cities and counties, as the same are now or may 
be hereafter prescribed by law. 

143 Cal. 471. 

Expenditures in Respect to Elections. 

1079. Whenever the clerk, secretary or any other 
officer of a county, city, which at the last general 
state election before this amendment had a regis¬ 
tration of over one hundred and twenty-five thou¬ 
sand voters, or of any city and county, is charged 
with the performance of any official duty, in re¬ 
spect to elections, which involves the expenditure 


82 


POLITICAL CODE 


of public moneys, such expenditures shall be subject 
to the control and supervision of the Board of Elec¬ 
tion Commissioners; and when any printing or 
other service is to be performed, or materials are to 
be furnished, the amount of which in the aggregate 
shall exceed the value of five hundred dollars, it 
shall be the duty of the Board of Election Commis¬ 
sioners to invite proposals for the work, or the 
furnishing of the materials, and to let the contract 
for the same to the lowest responsible bidder there¬ 
for, in the same manner and upon the same condi¬ 
tions as is required in the letting of contracts for 
doing other and similar work or furnishing other 
and similar materials, for such county, city, or city 
and county purposes; provided, that no such pro¬ 
posal or bid shall be required for the contract to 
print ballots or the printed index of the precinct 
registers, or the tally lists, if, in the judgment of 
the county clerk or registrar of voters, the time 
within which such ballots or index must be had 
does not reasonably admit of such proposal and bid, 
or where an emergency requires the immediate per¬ 
formance of a duty relating to the management 
or conduct of an election and delay in the per¬ 
formance of such duty might imperil the holding 
of the election at the time and in the manner pro¬ 
vided by law; and provided, further, that in any 
consolidated city and county having a freeholder 
charter providing for a system of civil service, the 
election commission may make appointments of 
persons to perform work or service as laborers, 
mechanics, artisans or machinists in accordance 
with the provisions of such civil service, and pro¬ 
vide for proper compensation therefor, whenever 
service of such nature is found necessary with re¬ 
spect to any election or elections. [Amendment 
approved April 28, 1915.] 

Application of Provisions of This Article. 

1080. Nothing contained in this article affects 
any of the provisions of this code, or of any statute 
of this state, touching the registration and quali- 


POLITICAL CODE 


83 


fieation of voters and the method of calling, hold¬ 
ing, and conducting elections, in force in any 
county, city, or city and county; but such provi¬ 
sions and statutes are recognized as continuing in 
force, except so far as they are inconsistent with 
the provisions of this article upon the subject to 
which this article relates. [New section approved 
March 28, 1895; in effect July 1, 1895.] 

(NOTE.—“This article” includes sections 1075- 
1080 inclusive.) 

QUALIFICATIONS AND DISABILITIES OF 
ELECTORS. 

Qualifications of Electors. 

1083. Every native citizen of the United States, 
every person who shall have acquired the rights of 
citizenship under or by virtue of the Treaty of 
Queretaro, and' every naturalized citizen thereof 
who shall have become such ninety days prior to 
any election, of the age of twenty-one years, who 
shall have been a resident of the State one year 
next preceding the election, and of the county in 
which he or she claims his or her vote ninety days, 
and in the election precinct thirty days, and who 
has conformed to the law governing the registration 
of voters, shall be a qualified elector at any and all 
elections held within the county, city and county, 
city, town, or district within which such elector 
resides 

91 Cal. 467; 118 Cal. 394; 119 Cal. 617; 127 
Cal. 89; 145 Cal. 324, 338, 341, 342. 

Petitions—Who May Sign.—Signatures. 

1083a. Wherever, by the Constitution or laws of 
this State, any initiative, referendum, recall or nom¬ 
inating petition is required to be signed by quali¬ 
fied electors, only an elector who is a registered 
qualified elector at the time he signs such petition 
shall be entitled to sign the same, and no elector 
shall be entitled to sign any such petition or paper 
on or after the first day of January of an even- 


84 


POLITICAL CODE 


numbered year unless he shall, on or since said 
first day of January, have made an affidavit of 
registration as required by law. Such signer shall 
at the time of so signing such petition or paper 
affix thereto the date of such signing. Wherever, 
by the constitution or laws of this state, the county 
clerk or registrar of voters is required to deter¬ 
mine from the records of registration what num¬ 
ber of qualified electors have signed such petition 
or paper, he shall determine that fact with respect 
to the purported signature of any person from the 
affidavit of registration, and records relating there¬ 
to, current and in effect at the date of such signing 
of such petition or paper. [Amendment approved 
April 28, 1915.] 

County Clerk May Employ Extra Help for Exam¬ 
ining Signatures for Municipal Office. 

1083b. Whenever the county clerk or registrar 
of voters is required by law to examine the signa¬ 
tures upon any nomination paper or petition of any 
candidate for a municipal office, he is hereby em¬ 
powered to employ the necessary help for said ex¬ 
amination, to be paid by such municipality a sum 
not to exceed three dollars per day for each person 
so employed in such examination. [New section 
approved April 28, 1915.] 

Who Are Not Entitled to Vote. 

1084. No native of China, no idiot, insane person, 
or person convicted of any infamous crime, and no 
person hereafter convicted of the embezzlement or 
misappropriation of public money, shall ever exer¬ 
cise the privileges of an elector. 

91 Cal. 467. 

REGISTRATION OF ELECTORS. 

Great Register. 

1094. There shall be, commencing January 1, 
1918 and every two years thereafter, except as 
hereinafter provided in each county and city and 
county of the State, a new and complete registra- 


POLITICAL CODE 


85 


tion of the voters of such county or city and 
county, who are entitled thereto. Such registra¬ 
tion shall be in. progress at all times except during 
the thirty days immediately preceding any election, 
when it shall cease for such election as to electors 
residing in the territory within which such election 
is to be held; and transfers of registration for such 
election may be made from one precinct to another 
precinct in the same county or city and county at 
any time when such registration shall be in progress 
in the precinct to which the elector seeks to transfer; 
provided, that where any general or special munici¬ 
pal election, or any other special election, including 
any primary election and all special elections to 
vote for officers, or upon or for or against any 
proposition or question authorized to be submitted 
to a vote, is held on or after the first day in Janu¬ 
ary and before the first day in April of any even- 
numbered year, the original affidavit of registra¬ 
tion and indexes used in the last general State elec¬ 
tion in any county or city and county in this State, 
together with the original affidavits of registration 
since the last election, and supplemental indexes, 
showing all additional registrations, changes and 
corrections made since the registration for the last 
general election, completed to and including the 
thirty-first day prior to said election then being 
held, may be used at such election to determine the 
persons entitled to vote thereat. All affidavits of 
registration made prior to the first day of January 
of any even-numbered year shall be deemed can¬ 
celed upon said day except for the sole purpose of 
being used as herein before stated at elections held 
thereafter and before the first day of April of that 
year, and shall on said last mentioned day, be 
deemed canceled for all purposes. The board hav¬ 
ing charge and control of elections in each county 
or city and county, may provide by resolution, for 
the registration of voters in their respective pre¬ 
cincts, by the officer charged with the registration 
of voters, and may also provide by resolution for 


86 


POLITICAL CODE 


the registration of voters at specified times and 
places, other than the office of the county clerk 
or registrar of voters, deemed most convenient to 
large numbers of voters, without reference to re¬ 
spective or particular precincts, in such a manner 
that the affidavits of registration as provided by 
law may be taken at such time and place, of any 
voter within the county who is entitled to reg¬ 
ister therein; provided, however, that in any 
city and county, no registration outside of the main 
office of the officer charged with the registration 
of voters shall be had except that which is with¬ 
out reference to particular precincts as last speci¬ 
fied herein; and provided, also, that any regis¬ 
tration which may be made at the main office 
for registration in any such city and county may 
be made and taken in any place in said city and 
county in such manner as may be provided by rules 
and regulations made by the board having control 
of registration in any such city and county. 

Upon the written request of the officer charged 
with the registration of voters, which request said 
officer shall make upon petition from any ten elec¬ 
tors of the county, such petition to specify the 
premises from which lists are desired, every land¬ 
lord or keeper of premises where lodgers abide, 
shall furnish said officer a list of all lodgers occupy¬ 
ing rooms, or sleeping apartments, or beds in the 
premises under his or her or its control. Such lists 
shall be furnished upon blanks provided by said 
officer. Any landlord or keeper of premises where 
lodgers abide, who neglects or refuses to comply 
promptly with the provisions of this section or who 
furnishes a false list of such lodgers, shall be guilty 
of a misdemeanor. All lists so returned shall be 
kept on file in the office of the officer receiving 
same, open to public inspection. It shall be the 
duty of said officer to compile a list of such per¬ 
sons, if there are any, who are registered as resid¬ 
ing in any of these premises and whose names are 
not returned in the lists furnished by the landlord 
or keeper thereof. At least three days before the 


POLITICAL CODE 


87 


date of the next succeeding election, in any precinct 
• where such premises are located, said officer shall 
send by registered mail to the inspector of election 
in said precinct a certified copy of the list he has 
thus prepared, with instructions to challenge the 
vote of each and all such persons if offered at the 
election, under subdivision 5 of section 1230 of the 
political code. Whenever in the laws of this State 
the word “ register’ ’ or “ great register” is used 
with relation to elections, it shall be deemed to 
mean and include the relative and proper affi¬ 
davits of registration, or both thereof, prepared 
and bound by the county clerk or registrar of 
voters. [Amendment approved May 21, 1917.] 

Names of Electors Must Be Entered. 

1095. In the affidavits of registration the Clerk 
must, as hereinafter provided, enter in duplicate the 
names of the qualified electors of the county, and the 
provisions of section one thousand and ninety-six of 
this Code are hereby declared to be mandatory. Any 
officer charged with the registration of voters who 
neglects or refuses to make all the entries provided 
for in section one thousand and ninety-six of the Po¬ 
litical Code, or neglects or refuses to take the oath of 
the voter applying to him for registration in respect 
to the same, shall, upon conviction, be deemed 
guilty of a misdemeanor for each and every such 
omission. 

145 Cal. 324, 342. 

Form of Affidavits of Registration and Manner of 

Executing and Returning Same. 

1095a. The clerk, or other person charged with 
the registration of voters, must provide blank forms 
for the affidavits of registration, which forms shall 
be bound together in books or pads of one hundred 
sheets each, and consist of originals and duplicates. 
Each original shall be attached to a stub by a per¬ 
forated line, and each original and duplicate shall 
bear a distinctive number, which shall be in addi- 


88 


POLITICAL CODE 


tion to the registration number of the voter. Said 
number shall appear on the original and duplicate 
sheet, and also on the stub to which they are at¬ 
tached, and the numbering shall begin with 1 and 
continue in a sequence until all of the blanks pro¬ 
vided shall be numbered. The numbering shall 
begin anew with new registration. The stubs shall 
contain a line for the name and spaces for the 
address and precinct of the person registered. Each 
deputy clerk, deputy registrar, or registration clerk 
shall receipt to the clerk or registrar for all books 
or pads issued to him, specifying the numbers of the 
affidavits received by him, and he shall be charged 
with the same until he returns and .files the same. 
When an elector is registered, his name, address, 
and precinct shall be noted on the stub attached to 
the original, and if for any cause the affidavit is 
spoiled in the course of making it out, or a mistake 
therein is made, the same must not be removed 
from the pad, or book, but the name of the elector 
for whom it was intended, with his address and pre¬ 
cinct must be entered on the stub, as in other cases, 
and the stubs and affidavits each marked with the 
word ‘ 1 Spoiled ’ ’ in red ink. When the registration 
for any election is closed, all deputies or registration 
clerks must, immediately thereafter, return all affi¬ 
davits of registration, and all books or pads in 
their possession containing stubs, spoiled, or unused 
affidavit blanks; and within ten days after the close 
of such registration the clerk, or registrar of voters 
must report to the district attorney of the county, 
or city and county, under oath, the names of his 
deputies, if any, who have not complied with the 
provisions of this section; and It shall be the duty 
of the district attorney to forthwith begin a crim¬ 
inal prosecution against such deputies or registra¬ 
tion clerks as shall not have complied with the pro¬ 
visions of this section. Any deputy, or person hav¬ 
ing charge of affidavits of registration, who shall 
wilfully, or by gross carelessness, neglect, fail, or 
refuse to comply with the provisions of this section 
shall be guilty of a misdemeanor. 


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County clerk (or registrar of voters). 
Cr the year when reglstratio: commenced. 
































































































POLITICAL CODE 


89 


Affidavit of Registration. 

1096. The affiant making the affidavit of regis¬ 
tration must be at least twenty-one years of age 
at the time of the next succeeding election; a citi¬ 
zen of the United States ninety days prior to such 
election; a resident of the State one year, of the 
county ninety days, and of the precinct thirty days 
next preceding such election and the affidavit must 
show such facts. It shall also show: 

1. The name at length, including Christian or 
given name, and middle name, or initial, if any, said 
Christian or given name, if the name of a woman, 
to be preceded in all cases by the designation of 
Miss or Mrs., as the case may be. 

2. The place of residence and postoffice address 
with sufficient particularity to identify the same 
and determine therefrom the voting precinct of 
such affiant. If the elector be not the proprietor 
or head of the house, or the wife or husband of 
such proprietor, then it must show upon what floor 
thereof, and what room such elector occupies in 
such house. 

3. The occupation of affiant. 

4. The height of affiant in feet and inches. 

5. The country or state of nativity of affiant. 

6. If foreign born, . how citizenship was ac¬ 
quired; whether by citizenship of father, by provi¬ 
sions of a treaty or act of Congress, by order of a 
court of naturalization, by marriage to a citizen, 
by naturalization of a parent or husband, or other¬ 
wise. The date or year when, and the place or 
State where affiant became a citizen, shall be 
shown, except in the case of citizenship acquired 
by citizenship or naturalization of parents, by 
treaty, or by act of Congress. When citizenship 
depends upon the citizenship or naturalization of 
parent or husband the name of such parent or hus¬ 
band shall appear. 


90 


POLITICAL COLE 


7. The fact whether or not the elector desiring 
to be registered is able to read the constitution in 
the English language and to write his or her name, 
and whether or not the elector has any physical 
disability, by reason of which he or she can not 
mark the ballot; and if he or she can not mark 
the ballot by reason of physical disability, then 
the nature of such disability must be entered. The 
affiant, if able to write, shall sign such affidavit 
with his or her customary signature and the county 
clerk or registrar before whom such affidavit is 
made shall insert therein the date of such affidavit, 
which shall be the date of the jurat. The affiant 
may state in such affidavit the name of any politi¬ 
cal party or organization with which he intends 
to affiliate at the ensuing primary election, whether 
or not such party or organization is a party or 
organization qualified, at the time of such regis¬ 
tration, to participate in such primary election 
according to the provisions of the direct primary 
law. [Amendment approved May 29, 1917.] 

Affidavit of Change of Party Affiliation. 

1096a. At the time of registering and of trans¬ 
ferring registration, in all places where the prim¬ 
ary election laws is in force, each elector shall de¬ 
clare the name of the political party with which he 
intends to affiliate at the ensuing primary election 
or elections, and the name' of such political party 
shall be stated in the affidavit of registration and 
the index thereto. If the elector declines to state 
the fact, the fact of such declination shall likewise 
be stated and no person shall be entitled to vote 
the ticket of any political party at any primary 
election, by virtue of such registration, unless he 
has stated the name of the political party with 
which he intends to affiliate at the time of such 
registration. Nor shall he be permitted to vote 
on behalf of any party or for delegates to the con¬ 
vention of any party other than the party so 
designated in the registration. 


POLITICAL CODE 


91 


In case any elector shall have declined to desig¬ 
nate or shall have changed his political affiliation 
prior to the close of registration for primary elec¬ 
tions he is entitled to have such change recorded 
prior to the close of said registration upon appli¬ 
cation to the county clerk or registrar of voters 
as hereinafter provided. In case any elector shall 
have declined to designate or shall have changed 
his political affiliations prior to the close of reg¬ 
istration, he may appear in person before the 
county clerk or registrar of voters, or any regis¬ 
tration deputy of said county clerk or registrar of 
voters, and make affidavit substantially in the fol¬ 
lowing form: 


State of California, 

County of. 

., being duly sworn, deposes and 

says that he registered on the great register of 

the said county of.as a. 

(insert former par|;y affiliation, or that he had 
declined to designate his party affiliation); that 
since the date of such registration he has changed 
his political views and in good faith declares his 
affiliation with.party. 

Subscribed and sworn to before me, this. 

day of., 19... 

The county clerk or registrar of voters shall 
take such affidavit without charge and shall file 
the same. [New Section approved May 29, 1917.] 

Rules As to Entries. 

1097. Subdivision 1. No person shall be regis¬ 
tered as an elector except by affidavit of registra¬ 
tion. Such affidavit must be made before the 
county clerk or officer charged with the registra 
tion of voters, or their deputy or registration clerk 
and shall set forth all the facts required to be 











92 


POLITICAL CODE 


shown in sections one thousand and ninety-six and 
one thousand and ninety-seven of the Political 
Code. If an elector is absent from the county in 
which he or she claims residence, he or she may 
appear before any judge or clerk of any court of 
record, or notary public, or if in a foreign country, 
before any minister, consul, or vice consul of the 
United States, and may make and subscribe an 
affidavit as to his or her residence, specifying in 
what ward or precinct he or she claims residence; 
that he or she will be necessarily and unavoidably 
absent from said county, or city and county, on 
all the days allowed by law for general registration 
of electors, and setting forth in such affidavit each 
and all the matters required by sections one thou¬ 
sand and ninety-six and one thousand and ninety- 
seven of the Political Code of the State of Califor¬ 
nia, and forward such affidavit, in duplicate, duly 
authenticated as above, by mail, enclosed in an 
envelope addressed to the county clerk of any 
county, or the registrar of voters in any cpunty 
or city and county in which he or she claims to 
be an elector. Upon receipt of such affidavit by 
such clerk or registrar of voters within the time 
allowed by law for registration, the said affidavit 
shall be entered and bound by the clerk in the 
proper register in such precinct. 

Sub. 2. No foreign born person shall be regis¬ 
tered unless: 

a. If a naturalized citizen, upon the production 
of his or her certificate of naturalization or upon 
the production of a certificate of registration in the 
county of his or her last residence in the State, 
showing the date and place of naturalization, or 
upon his or her affidavit stating date and place of 
naturalization;' provided, that any person register¬ 
ing for the first time in the State must produce 
his or her certificate of naturalization. 

b. If a citizen by virtue of his or her father be¬ 
ing a citizen at the time of his or her birth, upon 


POLITICAL CODE 


93 


his or her sworn statement that his or her father 
was a citizen of the United States at the time of 
her or her birth and has been a resident thereof. 
Such statement need not be noted in full upon the 
affidavit of registration, but the words “I acquired 
citizenship by the citizenship of my father (naming 
him)” shall be sufficient. 

c. If a citizen by virtue of the naturalization of 
his or her parent, upon his or her affidavit that 
he or she became a citizen by such naturalization 
of his or her parent, naming such parent, that such 
naturalization took place during his or her minority 
and that he or she began to reside permanently in 
the United States while such minor child. Such 
statement need not be noted in full upon the affi¬ 
davit, but the words * 1 1 acquired citizenship by 
piy father’s (or mother’s) naturalization” as the 
case may be, naming him or her, shall be sufficient. 

d. If a citizen by virtue of marriage to a citizen, 
the date and place of such marriage shall be entered 
upon the affidavit of registration together with the 
name of the husband. 

e. If a citizen by virtue of the naturalization of 
her husband the date or year and place of such 
naturalization together with the name of the hus¬ 
band shall be entered. 

Sub. 3. In every case the affidavit of the party 
must show all the facts required to be stated. The 
clerk or registrar of voters may cause to be writ¬ 
ten or printed upon the margin of the affidavit, in 
addition to any matter hereinafter provided for, 
all such words as are deemed necessary or con¬ 
venient for the purpose of designating the precinct, 
district or political subdivision for which such affi¬ 
davit is taken, or deemed necessary or convenient 
to indicate any removal or transfer of registration, 
and also any date or memorandum deemed neces¬ 
sary or convenient to indicate the number of the 
ballot voted by an elector as provided by section 
1204 of the Political Code, or any other reasonable 
memoranda deemed necessary or convenient for the 


94 


POLITICAL CODE 


purpose of enabling such clerk or registrar of 
voters to perform his duties in the assorting or 
classification or handling of such affidavits with 
correctness and dispatch. Wherever in the follow¬ 
ing form of affidavit the word “ county’ ’ is in¬ 
serted, if the affidavit is for use in a city and 
county, such last mentioned words may be printed 
or written in lieu of said word “county.” In con¬ 
nection with the place of residence the affidavit 
may have printed either the word “precinct ’’ or 
the" word “street” or the word “avenue,” or any 
or all of such words as the clerk or registrar of 
voters shall deem most convenient in practical use 
for the territory in which such affidavits are to 
be used. In designating the residence oi the voter 
or the post office address it shall not be necessary 
in either case to repeat the county or city and 
county or State where the name of said county or 
city and county or State previously appear. In con¬ 
nection with the statement regarding the citizen¬ 
ship of affiant, the affidavit may have printed in 
brackets statements of the various methods of ac¬ 
quiring citizenship, and it shall be sufficient to 
underline, or otherwise mark, with pen and ink, or 
indelible pencil, that statement applicable to the 
particular affiant. The words printed in the body 
of the affidavit, which by reason of statements of 
the voter are not applicable to such registration, 
shall not be deemed a portion of such affidavit of 
registration. The lines to indicate the separation 
between the margin of the affidavit of registration 
and the said margin shall be at the top and on the 
right side of such affidavit, and may be double 
or single lines in the discretion of the clerk or reg¬ 
istrar of voters of the county or city and county 
or territory for which the affidavit is to be used. 
The affidavit shall be printed in horizontal lines. 
Wherever any blank space is left in any line for 
the entry of any matter the lines shall not be less 
than one-third of an inch apart vertically. Com¬ 
mencing with the first statement of the affidavit 


POLITICAL CODE 


95 


proper each statement shall be numbered immedi¬ 
ately at the left of such- statement in a numerical 
sequence, the first statement commencing with num¬ 
ber 1, and so on to the end, but the jurat and space 
for the signature of the voter need not be num¬ 
bered. The horizontal width of the affidavit, sep¬ 
arate from any and all margin, shall not be less 
than seven inches, and the margin upon all sides 
and at top and bottom shall be of such width as 
may be determined by the clerk or the registrar 
of voters. The words “affidavit of registration’’ 
shall be not less than twenty-four-point black-face 
type. Pen and ink or indelible pencil must be used 
in making the portions of the affidavit which are 
not printed. The matter in the bodv .of the affi¬ 
davit, where the size of type is not otherwise speci¬ 
fied, shall be not less than ten-point plain-faced 
type, save that words inserted in parentheses, which 
are for the information or instruction of the dep¬ 
uties or registration clerks, may be in smaller type 
at the discretion of the county clerk or registrar 
of voters. Subject to the foregoing provisions the 
body of said affidavit shall be substantially in the 
following form: • 

Sub. 4. Whenever any elector, between the time 
of her last registration and the time for the closing 
of registration for any given election in the same 

county or city and county, shall have lawfully 
changed her surname by a change or assumption 
of marital relations, she shall be entitled to rereg¬ 
ister under her new or changed name, upon an 
additional statement made at the time of such 
reregistration, giving the name under which she 
was so last registered in said county or city and 
county, and the residence given and contained in 
said last affidavit of registration, which additional 
statement shall be printed or written upon the mar¬ 
gin of such affidavit of re-registration before the 
said affidavit is signed, and shall be deemed a part 
thereof. Upon such re-registration the last previous 
registration of such elector shall be canceled. And 


96 


POLITICAL CODE 


in case any elector shall re-register or transfer his 
or her registration from one precinct to another the 
former address or precinct shall be noted in the 
margin of such affidavit, and the former registra¬ 
tion shall thereupon be canceled. 

Sub. 5. No person shall be registered except as 
above provided unless upon the production and 
filing of a certified copy of the judgment of the 
superior court directing such entry to be made. 
[Amendment approved May 29, 1917.] 

56 Cal. 71, 72, 73; 145 Cal. 324, 325, 327, 342. 

Affidavits to Be Preserved by Clerk. 

1103. The person charged with the registration 
of voters in each county or city and county must 
preserve all affidavits made before himself or his 
deputies for the purpose of procuring registration 
for at least five years, and until the board of super¬ 
visors shall order them to be destroyed. The affi¬ 
davits shall constitute the register required to be 
kept by the provisions of this chapter and the per¬ 
son charged with the registration of voters shall 
not copy the facts shown by the affidavits as part 
04 his official duties. All provisions of law in con¬ 
flict herewith are hereby repealed. 

145 Cal. 324, 325, 342. 

Person Must Not Be Registered in Two Counties. 

1104. No person must cause himself to be regis¬ 
tered or enrolled in one county when his registra¬ 
tion in another remains uncanceled; provided, how¬ 
ever, that any such person who is registered in one 
county may, if otherwise legally qualified, cause 
himself to be registered in another county in which 
he may then reside, at any time before the closing 
of registration for any election, by executing an 
affidavit of cancellation and delivering the same 
to the officer taking such new registration. It shall 
be the duty of the county clerk to at once forward 
such affidavit of cancellation to the county clerk 
of the county in which such old registration is still 
uncanceled, and upon receipt of such affidavit such 


POLITICAL CODE 97 

former registration must be forthwith canceled. 
[Amendment approved May 26, 1915.] 

Cancellation of Entry. 

1105. Cancellation is made by writing or stamp¬ 
ing on the affidavit of registration the word “Can¬ 
celed, 11 the reason therefor, and the date of such 
cancellation. In addition to the cancellation pro¬ 
vided for in section one thousand one hundred six 
and elsewhere in this code, whenever an elector 
transfers his registration from one precinct to an¬ 
other precinct in the same county, or re-registers 
in such other precinct as shown by the new affi¬ 
davit of registration, the county clerk must imme¬ 
diately cancel both the original and the duplicate 
affidavit of registration from the former precinct, 
and remove them from their respective books or 
files provided for in section one thousand one hun¬ 
dred thirteen of this code; and whenever an elector 
removes from one county to another county and 
registers in such other county, the county clerk in 
the former county of registration, upon being in¬ 
formed of such removal, either by the elector per¬ 
sonally or through the provisions of section one 
thousand one hundred four of this code, must like¬ 
wise cancel and remove both the original and the 
duplicate affidavits of registration in such county. 
All canceled affidavits of registration must be pre¬ 
served by the county clerk until the first day of 
April of the next even-numbered year. The county 
clerk in distributing to each precinct the five in¬ 
dexes of registration, as required in section one 
thousand one hundred sixteen of this code, shall 
cross out of such indexes the names of all electors 
whose affidavits of registration from such precinct 
have been thus cancelled. [Amendment approved 
May 27, 1915.] 

145 Cal. 324, 325. 

When Cancellation Must be Made. 

1106. The Clerk must cancel the entry in the fol¬ 
lowing cases: 


98 


POLITICAL CODE 


1. At the request of the party registered. 

2. When he knows of the death or removal of the 
person registered. 

3. When the insanity of the person registered i» 
legally established. 

4. Upon the production of a certified copy of a 
judgment of the conviction of any elector of any 
infamous crime, or of the embezzlement or misap¬ 
propriation of any public money, in full force 
against the person registered, upon information of 
such conviction obtained as hereinafter provided. 

5. Upon the production of a certified copy of a 
judgment directing the cancellation to be made. 

6 . Upon a certificate of the Board of Election of 
any precinct, sent up with the election returns, stat¬ 
ing the death or removal, within their own knowl¬ 
edge, of the person registered. 

7. When it appears by the returns made by the 
Board and Clerks of Election that the respective 
party did not vote during the next preceding two 
years at any general or special election. 

8 . The Clerk shall cancel upon the Great Register 
every name found thereon which is found upon the 
register of deaths, provided for by law. 

9. Every Judge before whom proceedings were 
had which result in any person being declared 
incapable of taking care of himself and managing 
his property, and for whom a guardian of his per¬ 
son and estate is accordingly appointed, or which 
result in such person being committed to a State 
Insane Asylum as an insane person, shall file with 
tne County Clerk a certificate of that fact, and 
thereupon the Clerk shall cancel the name of such 
person upon the Great Register, if found thereon. 

10. The County Clerk shall also, in the first week 
of September, in each year, examine the records of 
the Courts having jurisdiction in case of infamous 
crimes and the embezzlement or misappropriation 
of public money within his county, and cancel upon 
the Great Register the names of all persons appear¬ 
ing thereon who shall have been convicted of an 
infamous crime or of the embezzlement or misappro- 


POLITICAL CODE 


99 


priation of public money in such Court, and which 
conviction shall have been carried into effect. 

County Clerk Shall Furnish Registrar of Voters List 
of Criminals. 

1106a. In any county or city and county where 
there shall be a registrar of voters, the county clerk 
of such county or city and county shall furnish to 
such registrar of voters before the first day of Sep¬ 
tember of each year, a statement taken from the 
records of the courts having jurisdiction in cases of 
infamous crimes and the embezzlement or misappro¬ 
priation of public moneys within his county, showing 
the names of all persons appearing from such records 
to have been convicted of an infamous crime, or of 
the embezzlement or misappropriation of public 
money, in such court during the year prior to such 
first day of September, and which conviction shall 
have been carried into effect, and such registrar of 
voters shall thereupon during the first week of Sep¬ 
tember in each year, cancel the affidavits of registra¬ 
tion of such persons. The county clerk shall certify 
the said statement! under the seal* of his office. 

Certified Copy of Entries Must Be Given on Appli¬ 
cation. 

1107. Upon the application of the party, in per¬ 
son or in writing, the Clerk must give him or his 
agent a certified copy of the entries upon the Great 
Register relating to such party. 

119 Cal. 619. 

Clerk May Be Compelled to Make Entry. 

1108. If the clerk refuses to register any qualified 
elector in the county, such elector may proceed by 
action in the superior court to compel such registra¬ 
tion. 

Action May Be Brought to Cancel Entry. 

1109. Any person may proceed by action in the 
superior court to compel the clerk to cancel any 
registration made illegally, or that ought to be can¬ 
celled by reason of facts that have occurred subse¬ 
quent to the time of such registration; but if the 


100 


POLITICAL CODE 


person whose name is sought to be cancelled be not 
a party to the action, the court may order him to be 
made a party defendant. 

Ill Cal. 7; 145 Cal. 342. 

Parties to Action to Compel Registration. 

1110. In an action under the authority of section 
eleven hundred and eight, as many persons may join 
as plaintiffs as have causes of action. 

Parties to Action to Compel Cancellation. 

1111. In an action under the authority of section 
eleven hundred and nine, the Clerk and as many per¬ 
sons as there are causes of action against may be 
joined as defendants. 

Costs in Such Actions. 

1112 . Costs cannot be recovered against the Clerk 
in any action under the authority of this chapter, 
unless it is alleged in the complaint, and established 
on the trial, that the Clerk knowingly and willfully 
violated a plain duty. 

Arrangement of Affidavits of Registration. 

1113. Within five days after the last day of 
registration for any election the Clerk shall arrange 
the affidavits of registration for each precinct in 
which such election is to be held, alphabetically by 
surnames, number them, beginning with No. 1 in 
each precinct, and bind the same into books by 
fastening the left-hand edges together with a staple, 
cord or other suitable material. Each book shall 
have stated on the outside thereof the name or 
number of a precinct and shall contain all, and 
only, the affidavits of registration of the electors 
residing within that precinct. The duplicate affi¬ 
davits for the whole of each county shall, as fast 
as the registration progresses, be filed alphabetically 
without regard to precinct. In the case of dupli¬ 
cate affidavits this alphabetical arrangement shall 
be exact; and in the case of affidavits having the 
same surname such arrangement shall extend to 
the given or Christian name, and, where necessary, 


POLITICAL CODE 101 

to the middle name or initial. [Amendment ap¬ 
proved April 28, 1915.] 

94 Cal. 622; 136 Cal. 276; 145 Cal. 325. 

Index to Affidavits of Registration. 

1115. Within five days after the binding of said 
books by precincts the clerk shall prepare an index 
of each book, said index to contain the numbers, 
names, occupations and addresses as they appear in 
said books. Such names shall include Christian or 
given names, the middle name or initial, if any; 
and, if the name be that of a woman, the Chris¬ 
tian name shall be preceded by the designation of 
“Miss’' or “Mrs.”, as the case may be. The clerk 
shall have at least one hundred copies of said index 
printed for the use of said county, and he shall 
have printed and shall furnish to the municipalities 
within said county, such additional number of copies 
thereof, not exceeding fifty, as the governing body 
of such municipalities shall by resolution require. 
The county clerk shall furnish upon written or oral 
demand of every candidate, who is to be voted for 
in said county, city, or city and county or any polit¬ 
ical subdivision of said county, city, or city and 
county, a printed index of the registration, for such 
primary and general elections in which said candi¬ 
date will participate, at a cost of fifty cents per 
thousand names. All such moneys collected shall 
be deposited in the county treasury, to the credit 
of the general fund. The number of copies of said 
index necessary to be printed shall apply only to 
the index prepared for use at general elections. In 
counties where indexes are prepared for primary 
elections, a smaller number of such indexes mav 
be printed. The clerk shall have bound together iu 
one or more volumes, a general index of said books 
arranged alphabetically by precincts, and shall keep 
*t least one copy of said general index in his office 
for public reference. He shall also transmit one 
copy of said general index to the state librarian 
at Sacramento. [Amendment approved May 14, 
1916.] 

101 Cal. 318; 145 Cal. 325. 


102 


POLITICAL CODE 


Distribution of Copies to Precincts. 

1116. The Clerk must before the day of election, 
transmit and cause to be delivered to the Board of 
Election in each precinct, one of such books of affi¬ 
davits of registration for their respective precinct, 
which shall constitute the register to be used at 
such election; he shall also cause to be delivered 
at the same time five copies of the index to said 
book. 

101 Cal. 319; 145 Cal. 325, 342. 

Certified Copy of Entry Prima Facie Evidence. 

1117. A certified copy of an uncancelled affidavit 
of registration is prima facie evidence that the per¬ 
son named in the entry is an elector of the county. 

Qualification of Voters. 

1120. All persons shall be entitled to vote at the 
elections mentioned in section 1044 of this Code, 
who come within the terms or comply with the re¬ 
quirements of this section. 

1. Every person who was a qualified elector at the 
general state election immediately preceding the 
holding of any of the elections mentioned in section 
1044 of this Code, and who was registered as re¬ 
quired by law as a qualified elector of any one of 
the precincts which together compose the special 
election or consolidated election precincts, and who 
continues to reside within the exterior boundaries 
of such special election or consolidated election pre¬ 
cinct, until the time of the holding of the election 
provided for and held under said section 1044, shall 
be entitled to vote at said election, without other 
or additional registration, except as provided in the 
second paragraph of this section. All other per¬ 
sons, in order to be entitled to vote at any of the 
elections provided for in said section 1044, must be 
registered in the manner required by sections 1094, 
1096 and 1097 of this code, as an elector of and 
within one of the precincts which compose the spe¬ 
cial election or consolidated election precinct where¬ 
in he claims to be entitled to vote. Such registra- 


POLITICAL CODE 


103 


tion must be made and had in accordance with the 
provisions of sections 1094, 1096 and 1097 of the 
Political Code; provided, that such registration 
shall be in progress at all times except during the 
thirty days immediately preceding any such mu¬ 
nicipal or special election held under said Section 
1044 of this code. 

2. When any of the elections mentioned in sec¬ 
tion 1044 of this code is held on or after the first 
day of April of an even-numbered year, any person 
to be entitled to vote at such election must have 
been registered since the opening of registration 
for such even-numbered year in the manner required 
by sections 1094, 1096 and 1097 of this code as an 
elector of and within one of the precincts which 
compose the special election or consolidated precinct 
wherein he claims to be entitled to vote. [Amend¬ 
ment approved May 27, 1915.] 

What Register Used. 

1121. The register used at each special election 
>r consolidated election precinct, at the elections 
provided for in Section 1044 of this Code; provided, 
such elections are not held on or after the first day 
in April in any even-numbered year, shall consist 
of the original affidavits of registration for the ter¬ 
ritory constituting such special election or consoli¬ 
dated election precinct, at the last general State 
election immediately preceding the holding of the 
election provided for in said Section 1044, together 
with a supplement or supplements showing the addi¬ 
tional names of the persons who by registration 
have since such general State election become en¬ 
titled to vote at any of the elections to be held 
in such precinct, under said Section 1044 of this 
Code. In the event that precinct registers were 
used at the last preceding general State election, 
then it shall be the duty of the County Clerk or 
person clothed with the authority for the registra¬ 
tion of voters, to furnish such original affidavits of 
registration with the supplements aforesaid, for each 
of the special election or consolidated precincts, to 


104 


POLITICAL CODE 


the boards of election, respectively, in and for 
each such election precinct. No person shall be en¬ 
titled to vote at any such election provided for in 
said Section 1044 of this Code, unless his name is 
registered by such original affidavit of registration, 
in the precinct within the exterior boundaries of the 
election precinct, or unless, according to the Con¬ 
stitution and laws of this State, he is entitled te 
vote thereat. If any election provided for in section 
1044 of this code is held on or after the first day 
of April in any even-numbered year, the register 
used at such special or consolidated election pre¬ 
cinct at such election shall consist of the original 
affidavits of registration of those who had regis¬ 
tered from the territory constituting such special 
or consolidated election precinct in said even-num¬ 
bered year and at least thirty-one days prior to 
such election. [Amendment approved May 27, 
1915.] 


ELECTION PRECINCTS. 

County Surveyor to Prepare Precinct Maps. 

1125. In all counties, and city and counties, (ex¬ 
cept in counties, and city and counties, which at 
the last general election prior to the time this act 
goes into effect had a registration of at least two 
hundred thousand electors, or which has a registrar 
of voters provided for by freeholders charter or by 
general law, but no board of election commissioners, 
other than the board of supervisors acting as such 
ex officio), the county surveyor shall upon written 
request and under the direction of the county clerk, 
or in counties, and city and counties, having a reg¬ 
istrar of voters, from the registrar of voters, di¬ 
vide the county into election precincts and prepare 
detail precinct maps and exterior descriptions and 
copies thereof, and file the same with the board of 
supervisors not later than the first Monday in No¬ 
vember of each odd-numbered year; provided, how¬ 
ever, that the county shall be so divided into elec- 


POLITICAL CODE 


105 


tion precincts that there shall be as many as shall 
be sufficient to make the number of votes polled 
at any one election precinct not more than two hun¬ 
dred, as near as can be ascertained, and it shall be 
the duty of said board to adopt an order creating 
election precincts as prepared and described by said 
county surveyor and county clerk, not later than 
the second Monday in December of each said odd- 
numbered year; the county surveyor shall within 
fifteen days after receipt of said written request 
from the county clerk, or registrar of voters, change 
or alter any precinct boundaries, and prepare new 
detail maps and descriptions thereof, as directed 
by the county clerk, or registrar of voters, and file 
the same with the board of supervisors, who shall 
at their next meeting adopt said precinct changes 
by order. 

In all counties, or city and counties of this State, 
which at the last general election prior to the time 
this act goes into effect had a registration of at 
least two hundred' thousand electors, or which has 
a registrar of voters provided for by freeholders 
charter or by general law, but no board of election 
commissioners, other than the board of supervisors 
acting as such ex officio, the board of supervisors, 
or other board having charge and control of elec¬ 
tions in such county, or city and county, or, at its 
request, the county clerk or registrar of voters, 
shall, as soon before a general election as is con¬ 
venient, proceed to divide such county, or city and 
county, into election precincts, of which there shall 
be as many as shall be sufficient to make the num¬ 
ber of votes polled at any one election precinct to 
be not more than two hundred, as nearly as can be 
ascertained. 

Any provisions found elsewhere in this code giv¬ 
ing to the board of supervisors the power to estab¬ 
lish, abolish, and change election precincts shall be 
subject to, and controlled by, the provisions of this 
section. [New section approved May 26, 1915; in 
effect four mqnths after May 9, 1915.] 


106 


POLITICAL CODE 


Precincts—Change, Create New or Consolidate. 

1126. In all counties, and city and counties, (ex¬ 
cept in counties, and city and counties, which at 
the last general election prior to the time this act 
goes into effect had a registration of at least two 
hundred thousand electors, or which has a registrar 
of voters provided for by freeholders charter or by 
general law, but no board of election commissioners, 
other than the board of supervisors acting as such 
ex officio), the board of supervisors or election 
commissioners in each of the counties, and city and 
counties of this State, shall, within thirty days 
from the receipt of a written notice from the coun¬ 
ty clerk, or, in counties or city and counties having 
a registrar of voters, from the registrar of voters, 
change the boundaries of, create new, or consoli¬ 
date established precincts as per detailed descrip¬ 
tions as furnished by the county clerk, or registrar 
of voters, and county surveyor; provided, that there 
shall always be as many precincts as shall be suffi¬ 
cient to make the number of votes polled in any 
one precinct not more than two hundred, as nearly 
as can be ascertained. 

In all counties and city and counties, which at 
the last general election prior to the time this act 
goes into effect had a registration of at least two 
hundred thousand electors, or which has a registrar 
of voters provided for by freeholders charter or 
by general law, but no board of election commis¬ 
sioners, other than the board of supervisors acting 
as such ex officio, the board of supervisors, or 
other board having charge and control of elections 
in such county, or city and county, of this State, 
or, at its request, the county clerk or registrar of 
voters, may from time to time change the- bound¬ 
aries of, create new, or consolidate established pre¬ 
cincts; provided, that there shall always be as many 
precincts as shall be sufficient to make the num¬ 
ber of votes polled at any one precinct to be not 
more than two hundred, as nearly as can be ascer¬ 
tained. 


POLITICAL CODE 


107 


Any provisions found elsewhere in this code giv¬ 
ing to the board of supervisors the power to estab¬ 
lish, abolish, and change election precincts shall 
be subject to, and controlled by, the provisions of 
this section. [New section approved May 26, 1915; 
in effect four months after May 9, 1915.] 

Boundaries Of. 

1128. In the order establishing precincts, the 
boundaries thereof must be defined. 

Limitations on Powers. 

1130. The following limitations are imposed upon 
the powers given in this chapter: 

No precinct must be established so as to em¬ 
brace more than one township, nor in such manner 
that its exterior limits cross the exterior boundaries 
of any township, incorporated town or city, or any 
ward, district, or other territorial subdivision for 
which local officers are to be elected, except a 
school or road district; provided, however, that if 
at any election, including any primary election, or 
special election, any precinct contains an insuffi¬ 
cient number of qualified electors to make up a 
precinct election board, such preeinct may be con¬ 
solidated with an adjoining election precinct. 
[Amendment approved April 28, 1915.] 

103 Cal. 502. 

County Clerk File and Post Notice of Election— 

Duty of Inspector. 

1131. The county clerk or registrar of voters in 
each county or city and county shall at least 
twenty-five days prior to any election, or primary 
election, file in his office a notice of the date of 
such election and the offices to be filled naming 
and numbering them in numerical order, unexpired 
terms or short terms being designated next after the 
full terms or long terms. He shall also designate 
in such notice the election officers who have been 
appointed for each precinct and the polling place 
therein where the voting for such election shall 


108 


POLITICAL CODE 


be had, but in no event shall such polling place be 
a saloon or other place where intoxicating liquor 
is sold or dispensed, nor shall such polling place 
be connected by a door, window or other opening 
with a saloon or other room or place where such 
liquor is sold or dispensed. He shall immediately 
thereafter cause one copy of such notice to be 
posted in a prominent place in his office and shall 
send or deliver one copy to the inspector appointed 
for each precinct who shall cause the same to be 
posted at or near the polling place in that precinct 
in which such inspector is to act. The duties im¬ 
posed by this section and by sections one thousand 
one hundred forty-two, one thousand one hundred 
forty-two a, and one thousand one hundred fifty-one 
of this code upon the county clerk or registrar of 
voters shall in all municipal elections, and in all 
elections in which only the electors of one mu¬ 
nicipality or a portion thereof vote be performed 
by the city clerk, registrar of voters or similar 
officer of such municipality. [Amendment ap¬ 
proved May 26, 1915.] 

Proceedings When Election Officers or Polling 

Places Not Designated, or if Polling Place Can¬ 
not Be Used. 

1132. If the election officers for any precinct 
or polling place therein have not been designated 
by the tenth day prior to any election the justice 
of the peace having jurisdiction over that territory 
comprising such precinct shall immediately make 
an order in writing designating the election offi¬ 
cers for that precinct or the polling place therein, 
as the case may require, and notify such officers 
of their appointment. He shall at the same time 
send one copy of his order to the officer who should 
have designated such officers and polling place, 
and shall cause copies of his order to be posted 
in three public places in the precinct and send one 
copy thereof to the inspector appointed for that 
precinct who shall cause the same to be posted at 
or near such polling place. In the event that more 


POLITICAL CODE 


109 


than one justice of the peace has jurisdiction over 
the territory comprising any precinct any one of 
such justices may make such order and in the event 
of a conflict the order first posted shall control. If 
the justice of the peace fails to perform the duty 
herein imposed upon him, the inspector, if one shall 
have been appointed, shall perform such duty. If 
any of the members appointed on an election board 
do not attend at the opening of the polls on the 
morning of an election, those qualified electors pres 
ent, including members of the board, shall appoint 
a qualified elector to fill the vacancy, and if none 
of the members appointed appear at such time the 
qualified electors of the precinct present at that 
time may appoint a board. If for any reason the 
polling place designated for any precinct can not 
be used, the board of election acting for that pre¬ 
cinct on the day of the election shall designate an¬ 
other polling place as near thereto as possible, post 
notice of the charnge on or near the place first des¬ 
ignated and conduct the election at the place last 
designated. [Amendment approved May 26, 1915.] 

Special Election Precincts—Establishment of. 

1133. The board or governing body charged with 
the conduct of carrying on any of the elections 
mentioned in section 1044 of this Code may precinct, 
or subdivide, the municipality or territory within 
which such election is to be held, into special elec¬ 
tion or consolidated election precincts, for the hold 
ing of such elections, and change and alter such 
precincts for such elections, as often as occasion 
may require. In establishing such election pre¬ 
cincts referred to in this section, such board or 
governing body having control of such elections, 
may consolidate the precincts to a number not ex¬ 
ceeding three for each special election or consoli¬ 
dated election precinct, and shall number such pre¬ 
cincts so established, consecutively, and each pre¬ 
cinct so established shall for the purpose of such 
election be known by the number so designated. 
[Amendment approved April 28, 1915.] 


110 


POLITICAL CODE 


BOARDS OF ELECTION. 

Advertising for Applicants to Serve, Appointment 

of, Oath of Office, Duties of. 

1142. At each election or primary election the 
election officers appointed for each precinct shall 
constitute a board of election for such precinct. 
Such board shall consist of one inspector, two 
judges, and three clerks; provided, that in any pre¬ 
cinct in which the total registration does not ex¬ 
ceed one hundred electors the board shall consist 
of one inspector, one judge and two clerks. Each 
of such officers shall be a registered qualified elec¬ 
tor of the precinct for which he is appointed and 
in which he acts and shall serve only in such pre¬ 
cinct; provided, that in the case of consolidated 
election precincts the election officers appointed 
therefor and who act therein shall be registered 
qualified electors of one of the precincts of which 
such consolidated precinct is composed. 

At least sixty days before any election the board 
of supervisors, or other board having charge and 
control of elections shall cause to be published for 
three times in a daily newspaper, if any, published 
in the county or in the political subdivision in 
which such election is held, and in case there is no 
daily newspaper published therein, then twice in 
a weekly newspaper published in said county or 
subdivision; and shall also cause to be posted in 
some prominent place in various precincts distrib¬ 
uted throughout the county or political subdivision 
in which the election is to be held, a notice in sub¬ 
stantially the following form: 

WANTED 

Applications for Positions as Election Officers. 

The board of supervisors (or other board, as the 
case may be) is about to appoint election officers 

to have charge of the.election 

to be held on the. 

19. 


day of. 






POLITICAL CODE 


111 


In order to secure the most capable and efficient 
election officers possible for this and subsequent 
elections, the board is desirous of learning the 
names of men and women of each precinct, of cleri¬ 
cal ability or otherwise qualified who are willing 
to serve as election officers. 

Blanks for “Application to serve as election offi¬ 
cer’ ’ may be procured at... 

(some office, place of business, or residence in lo¬ 
cality) or upon written application to., 

and must be filled out and mailed to . on 

or before., 19. 

Dated.. 

Board of supervisors (or other board) 
of...county. 

By. 

Any person willing to serve as election officer 
may, at least forty days before any election, file, 
in the office of the board of supervisors or other 
board having charge or control of elections within 
the county, or city and county in which he or she 
resides, an application therefor, which shall be 
filled out in ink upon a blank prepared and fur¬ 
nished by said board, and in substantially the fol¬ 
lowing form: 

Application to Serve as Election Officer. 
State of California, 

.County of. SS ’ 

My name in full is.; 

my actual residence is.-.; 

my age is.; my occupation is.; 

I am employed at. 

(Give place of employment) 

I am not, and have not been, within the last ninety 
days, employed in any capacity, other than that 
of election officer, by the county, city and county, 
or incorporated city or town in which I now reside. 

















112 POLITICAL CODE 

I have.acted as an election officer at an 

election. 


(If applicant has previously acted as an election 
officer he shall state the time and place when 
he so acted and the nature of the office held, 
otherwise he shall insert the word “not” after 
the word “have”.) 

I have.passed a civil service examination. 

(If applicant has previously passed such exam¬ 
ination he shall state the time and place there¬ 
of and the position for which it was held, other¬ 
wise he shall insert the word “not” after the 
word “have”.) 

My education has been as follows: 

(state briefly) 

My experience in clerical work has been as fol¬ 
lows: 

(state briefly) 

For further information, I would refer to the 
following: 


(Names and addresses of two or three well known 
citizens of the community, who are acquainted 
with the qualifications of applicant; to be filled 
out if applicant is not, through previous serv¬ 
ice or otherwise, already known to the appoint¬ 
ing board.) 

I am now registered as an elector in this county 
(or city and county). I can read and write the 
English language and all of the matter written in 
the foregoing answers is in my own handwriting. 


Signature of applicant. 

In the case of municipal elections and in all elec¬ 
tions in which only the electors of one municipality 
or a portion thereof vote, the duties herein imposed 
upon the board of supervisors shall be performed 











POLITICAL CODE 


113 


by, and such applications shall be filed with the 
city council or other board having charge and con¬ 
trol of the elections of such municipality. Any 
application once filed and approved shall be con¬ 
sidered as an application for any election held with¬ 
in the territory to which such application applies 
on or after the fortieth day thereafter and while 
the then open and current registration is operative; 
provided, however, that for any election held on 
or after the first day of January of an even-num¬ 
bered year and before the first day of April of that 
year such application shall be available, and for 
such election the board charged with the duty of 
appointing election officers may appoint as such 
officers those who are upon the register which will 
be used at that election if at the time of their 
appointment they still reside in the precinct for 
which they are appointed and are otherwise com¬ 
petent to act. 

At least thirty-five days before any election, the 
board of supervisors or other board having charge 
and control of elections, shall arrange by precincts 
all the applications to serve as election officer on 
file in their office, and shall examine such applica¬ 
tions and make such further investigations as shall 
indicate what persons are best qualified to serve 
as election officers in each precinct. If among the 
applicants approved there are not sufficient to con¬ 
stitute an election board for any precinct, there 
shall be added the names of other qualified electors, 
registered from that precinct and fitted to serve as 
election officers. In adding such names, preference 
shall be given to those who are known to have al¬ 
ready served with ability as election officers. The 
clerk of the board of supervisors or other board 
having charge and control of elections shall forth¬ 
with communicate with not less than six, nor more 
than twelve, of those approved to serve as election 
officers of each precinct, and shall enclose a postal 
card for reply made out in substantially the fol¬ 
lowing form: 


POLITICAL CODE 


HI 

Dear Sir: 

In answer to your communication stating that my 
name is being considered as an election officer of 

.precinct for the next election, I 

hereby agree that, if appointed, I will serve as 
such election officer, and that I will be present at 
the opening of the polls on the morning of the elec¬ 
tion, ., 19. 

Signed . 

Address . 

The board of supervisors, or other board having 
charge or control of elections in each of the coun¬ 
ties, and cities and counties, must, at least twenty- 
five days prior to an election, issue its order ap¬ 
pointing the members of the several boards of 
election. 

If the election officers for any precinct, or the 
polling place therein, have not been designated by 
the fifteenth day prior to any election, the county 
clerk shall immediately appoint the election offi¬ 
cers for that precinct, or designate the polling place 
therein, as the case may require. 

Any person who, having agreed to serve and 
having been regularly appointed as an election offi¬ 
cer, shall without lawful excuse fail to act as such, 
shall be guilty of a misdemeanor punishable by a 
fine not to exceed one hundred dollars or by im¬ 
prisonment in the county jail not to exceed thirty 
days or by both such fine and imprisonment. In 
appointing election officers preference shall so far 
as possible be given to any applicant or person who 
has passed a civil service examination involving a 
test for a clerical position, or who has previously 
rendered satisfactory service as an election officer. 
No person shall be eligible to act as an officer of 
election who is not actually a resident of the pre¬ 
cinct in which he acts and a registered and quali¬ 
fied elector thereof, or who has within ninety days 
preceding such election, been employed in any ca¬ 
pacity, other than that of an election officer, by 







POLITICAL CODE 


115 


the county or city and county or incorporated city 
or town in which he resides. 

Upon receiving a list of the names and addresses 
of those who have been appointed election officers 
the county clerk or registrar of voters shall imme¬ 
diately mail or deliver to each person appointed a 
notice that he has been appointed stating therein 
the date of the election and the polling place in 
the precinct in which he is to act. He shall also 
publish the names of the election officers appointed 
for each election precinct, in some newspaper pub¬ 
lished in the county or city and county where the 
election is to be held, for three successive issues, 
the last publication to be at least one week before 
the day such election is to be held. He shall also 
mail or deliver to each person appointed as inspec¬ 
tor for any precinct immediately after such appoint¬ 
ment a notice in duplicate of the persons appointed 
to serve as election officers in that precinct. With¬ 
in five days after the receipt thereof the said in¬ 
spector shall cause one of said duplicates to be 
posted at or near the polling place designated 
therein and immediately notify the county clerk or 
registrar of voters when he has done so. Said no¬ 
tice shall be substantially in the following form: 

Office of the County Clerk (or Registrar of Voters) 

.County of . 

Notice to Election Officers. 

To.....inspector for.:.precinct. 

The polling place for the.precinct at 

the election to be held on.the. 

day of.is. and 

the board of election for said precinct is composed 
of the following persons: 

Position Name Address 


























116 


POLITICAL CODE 


You as inspector must before the polls are opened 
see that each of these persons has taken the oath 
required by law, and that no one is permitted to 
act as election officer unless he has taken such 
oath and actually resides in the precinct and is reg¬ 
istered as an elector thereof and is not and has not 
been employed in any capacity, other than that 
of an election officer, within ninety days of the 
election, by the county or city and county or by 
the incorporated city or town in which he resides. 
If any of these persons is not qualified to act or 
in case any of them do not appear at the opening 
of the polls, the qualified electors present, in¬ 
cluding members of the board, shall appoint in 
his place one who is qualified who shall take the 
required oath of office which will be found set 
forth in the poll list. 

Accompanying this notice is an oath of office 
which you will immediately take before any officer 
authorized by law to administer an oath and cause 
the same to be returned to me with the election 
returns. This notice is sent you in duplicate and 
you will within five days after receipt hereof post 
one copy at or near the polling place designated 
herein and immediately notify me when you have 
done so. 


County Clerk (or other official.) 

Accompanying said notice shall be an oath in 
blank which shall be immediately sworn to by the 
inspector free of charge before any officer author¬ 
ized to administer oaths and before performing any 
of the duties required of him and which oath shall 
be returned to the county clerk or registrar of 
voters with the election returns. Said oath shall 
be substantially in the following form: 

State of California, 

.County of. 

I do solemnly swear (or affirm, as the case may 
be), that I will support the constitution of the 






POLITICAL CODE 


117 


United States and the constitution of the State of 
California, and that I will faithfully discharge the 
duties of the office of inspector on the board of 

election for.precinct according to the 

best of my ability. 


Subscribed and sworn to before me this, 
day of., 191. 


(Name and designation of official before 
whom taken.) 

On or before the day of election and before en¬ 
tering upon the performance of their duties, each 
of the other election officers shall take a similar 
oath before said inspector, or, in case he is not 
present, before any other of themselves, each of 
whom is for this purpose authorized to administer 
an oath. Such oaths shall be taken and subscribed 
upon a form which shall be provided for that pur¬ 
pose in the poll list for that precinct. 

No person shall' be eligible to act as a member 
of any election board who can not read and write 
the English language, nor shall any person be ap¬ 
pointed an election officer or act as such and who 
is not at the time in every respect qualified to act 
as such election officer, nor shall any person so 
appointed serve as such until he has taken the oath 
required. The inspector, judges and clerks upon 
each board of election shall distribute the extra 
duties devolving upon such board of election, in 
addition to their own duties, in such a manner as 
they themselves shall deem most advantageous, and 
such extra duties assigned to the several officers 
or clerks of boards of election by other sections of 
this code shall be performed by the members of 
each board as the said duties have been distributed 
in accordance with this provision. Not more than 
two members of any board of election shall be 
absent from the polling place at any one time. Such 
board of election shall canvass the votes for such 







118 


POLITICAL COLE 


precinct, and must be present at the closing of the 
polls. The members of said board shall relieve each 
other in the duties of canvassing the ballots, which 
may be conducted by at least four members of the 
board; provided, that there shall always be two 
members simultaneously keeping the tally sheets, 
and always two members looking at the vote on the 
ballot from which one of said two members is read¬ 
ing; and provided, further, that the final certificate 
shall be signed by a majority of the whole. [Amend¬ 
ment approved May 26, 1915.] 

86 Cal. 65; 116 Cal. 290; 146 Cal. 137; 163 
Cal. 343. 

Prepare Instructions for Election Officers. 

1142a. On or before January 1, 1916, the secre¬ 
tary of state and the attorney general shall prepare 
a brief digest of election laws in so far as such 
laws affect the duties of election officers during 
the casting and the canvassing of the vote. Such 
digest shall be in such form as will readily indi¬ 
cate to election officers the substance of such pro¬ 
visions of the Political Code or other election laws 
as they may find it most important to know in the 
performance of their duties, and shall contain in 
each case a reference to the section of the said 
code or laws, by reference to which further exam¬ 
ination of said provisions may be made. A copy 
of this digest, together with such further instruc¬ 
tions as the county clerk or registrar of voters may 
desire to make, shall be prepared by him and fur¬ 
nished to each election officer at the time of his 
appointment according to the provisions of section 
eleven hundred forty-two of this code. [New sec¬ 
tion approved May 26, 1915.] 

Powers of Inspector. 

1145. The Inspectors may: 

1. Administer all oaths required in the progress 
of an election. 

2. Appoint Judges and Clerks, if during the prog- 


POLITICAL CODE 


119 


ress of an election any Judge or Clerk ceases to act 
or becomes incapacitated from acting. 

Who May Administer Oaths. 

1146. Any member of the Board, or either Clerk 
thereof, may administer and certify oaths required 
to be administered during the progress of an elec 
tion. 

Board and Clerks Must Be Sworn. 

1148. Before opening the polls, each member of 
the Board and each Clerk must take and subscribe 
an oath to faithfully perform the duties imposed 
upon them by law. Any elector of the township 
may administer and certify such oath. 

Copies of Great Register Must Be Posted. 

1149. Before opening the polls the board must 
post in separate convenient places, at or near the 
polling place and easy of access to the electors not 
less than four of the copies of the index to the book 
of affidavits of registration furnished for that pre¬ 
cinct. 

Posted Copies Must Not Be Torn or Defaced. 

1150. The copies so posted must be maintained 
during the whole time of voting, and must not in 
any manner be torn or defaced. 

Board of Election—Municipalities. 

1151. The city council or other board having 
charge and control of the elections of any munici¬ 
pality shall appoint a board of election for each 
special election or consolidated election precinct 
to consist of two inspectors, two judges and two 
clerks for each municipal election provided for by 
section ten hundred forty-four of this code, held 
within that municipality, and the board of super¬ 
visors or other board having charge and control of 
elections shall appoint a board of election to con¬ 
sist of one inspector, one judge and two clerks 
for every other election provided for by said sec- 


120 


POLITICAL CODE 


tion, who shall apportion among themselves the 
work required in the conduct of such election 
within their respective election precincts; pro¬ 
vided, that at any nominating or general municipal 
election held under the provisions of a freeholders’ 
charter, the board or governing body charged with 
the conduct of such elections, may by unanimous 
consent, appoint a board of elections for each elec¬ 
tion precinct, to consist of one inspector, one judge, 
and two clerks. Except as to the advertising for 
or posting of, notices calling for applications to 
serve as election officers, and as to the receipt 
and filing of such applications, the members of 
such boards shall be appointed, and when appointed 
shall act, as provided for by section eleven hundred 
forty-two of this code. But one poll list, one tally 
list, and one copy of such tally list, as provided for 
in section one thousand two hundred sixty-one of 
this code, need be kept, and but one book of orig¬ 
inal affidavits of registration need be furnished 
for use at each precinct, which shall be returned 
to the proper officers with the official returns, 
in the manner provided for the returns at a gen¬ 
eral election. [Amendment approved May 26, 1915.] 


OPENING AND CLOSING THE POLLS. 

Opening and Closing the Polls—Time of. 

1160. The polls must be opened at six o’clock 
a. m. of the day of election, and must be kept 
open until seven o ’clock p. m. of the same day, 
when the polls shall be closed, except as provided 
in Section 1164 of this code. 

52 Cal. 73, 621; 108 Cal. Ill; 121 Cal. 480; 
135 Cal. 454. 

Ballot-Box Must Be Exhibited. 

1162. Before receiving any ballots the Board 
must, in the presence of any persons assembled at 
the polling place, open and exhibit and close the 


POLITICAL CODE 


121 


ballot-box; and thereafter it must not be removed 
from the polling place or presence of the bystand¬ 
ers until all the ballots are counted, nor must it be 
opened until after the polls are finally closed. 

108 Cal. 111. 

Proclamation That Polls Are Open. 

1163. Before the Board receive any ballots, they 
must cause it to be proclaimed aloud at the place of 
election that the polls are open. 

Proclamation That Polls Are Closed. 

1164. When the polls are closed that fact must 
be proclaimed aloud at the place of election; and 
after such proclamation, no ballot must be received; 
provided, however, that if at the hour of closing 
there are any other voters in the polling place, or 
in line at the door, who are qualified to vote and 
have not been able to do so since appearing, the 
polls shall be kept open a sufficient time to enable 
them to vote. But no one who shall arrive at the 
polling place after seven o’clock in the afternoon 
shall be entitled to vote, although the polls may be 
open when he arrives 


122 


POLITICAL CODE 


POLL LISTS. 

Poll Lists and Tally Lists—Form of. 

1174. The following is the form of poll lists and 
tally lists to be kept by Boards and Clerks of 
Election: 


Poll Lists. 

Of the election held in the Precinct of ——, in 

the County of-, on the- day of , in the 

year A. D. one thousand eight hundred and - 

A. B., C. D., and E. F., Judges, and G. H. and J. K., 
Clerks of said election, were respectively sworn (or 
affirmed), as the law directs, previous to their enter¬ 
ing on the duties of their respective offices. 

Number and Name of Electors Voting. 


No. 

Name 

No. 

Name 

i 

A. B. 

3 

E. 

F. 

2 

C. D. 

i 4 

G. 

H. 


We hereby certify that the numbers of electors 
voting at this election amounts to -. 


Attest: 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 


















POLITICAL CODE 


123 


Tally Lists. 

Names of persons voted for, and for what office, 
containing the number of votes given for each can¬ 
didate: 


Governor. 

Representative 

in 

Congress. 

Members of the Legislature. 

Senate. 

Assembly. 






We hereby certify that A. B. had - votes for 

Governor, and C. D. had - votes for Governor; 

that E. F. had - votes for Representative in 

Congress, etc. 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

155 Cal. 297. 

Not to Be Rejected for Want of Form. 

1175. No list, tally, paper, or certificate returned 
from any election must be set aside or rejected for 
want of form, nor on account of its not being 
strictly in accordance with the directions of this 
title if it can be satisfactorily understood. 

77 Cal. 182. 

ELECTION TICKETS AND BALLOTS. 
Printing to Be at Public Expense. 

1185. All ballots east in elections for public offi¬ 
cers within this State shall be printed and distrib¬ 
uted at public expense, as hereinafter provided. The 
printing of general tickets and cards of instruction 
to electors of each county, and the delivery of the 
same to the election officers, shall be a county 
eharge, the payment of which shall be provided for 
in the same manner as the payment of other 
county expenses; and the printing and delivering 















124 


POLITICAL CODE 


of “ municipal tickets, * ’ and also in case of sep¬ 
arate elections for city, city and county, or town 
officers, the printing and delivering of cards of 
instruction, shall be a charge upon the respective 
city, city and county, or town in which such 
“municipal tickets” and cards of instruction are 
to be used, the payment of which shall be provided 
for in the same manner as the payment of other 
city, city and county, or town expenses. 

122 Cal. 191. 

Nominations Other Than at a Primary Election. 

1188. A candidate for any public office for 
which no non-partisan candidate has been nomi¬ 
nated at any primary election may be nominated 
subsequent to said primary election, or in lieu of 
any primary election, in the manner following: a 
nomination paper containing the name of the can¬ 
didate to be nominated, with other information re¬ 
quired to be given in the nomination papers pro¬ 
vided for in the direct primary law then govern¬ 
ing primary elections, shall be signed by electors 
residing within the district or political subdivision 
for which the candidate is to be presented, equal in 
number to at least one per cent of the entire vote 
cast at the last preceding general election in the 
state, district or political subdivision for which 
the nomination is to be made, subject to the re¬ 
strictions contained in said direct primary law. 
The provisions of said direct primary law as therein 
applied to non-partisan offices, when the nomination 
to be made under this section is for an office for 
which nominations are made at the August primary 
election, and the provisions of that law as therein 
applied to primaries other than the August primary 
election and the May presidential primary election, 
when the nomination to be made under this section 
is for a municipal office or for any office to which 
that law does not apply, shall substantially govern 
as to the manner of the appointment of verifi¬ 
cation deputies, the form of nomination papers 
and the securing of signatures thereto, and 


POLITICAL CODE 


125 


fastening together of sections of the nomina¬ 
tion paper containing such signatures, and the filing 
thereof with the county clerk, or the certification 
thereto by the county clerk and transmission there¬ 
of to the secretary of state, or to the city clerk or 
secretary of the legislative body of any munici¬ 
pality, as the case may be, the filing of the candi¬ 
date’s affidavit, the payment of a filing fee, and 
all* other things necessary to get the name of a 
candidate under this section upon the ballot, except 
that such provisions shall be directed toward get¬ 
ting the candidate’s name on the ballot for a gen¬ 
eral or municipal election, or a special election, 
and not on the ballot for nomination at a pri¬ 
mary election. In addition to the other matter 
required to be set forth on the candidate’s nomi¬ 
nation paper, it must also be set forth that each 
signer thereof did not vote at the primary election 
immediately preceding at which a candidate was 
nominated for the public office mentioned in said 
nomination paper; provided, that this statement 
shall be omitted in 'case no candidate was nomin¬ 
ated at said primary election for the public office 
mentioned in said nomination paper. 

Upon the filing of a sufficient nomination paper 
and affidavit by any candidate nominated under 
the provisions of this section and the payment of 
the filing fees as hereinbefore provided, the name 
of such candidate shall go upon the ballot at the 
ensuing general or municipal election according to 
the provisions of section 1197 of this code. [Amend¬ 
ment approved May 29, 1917.] 

129 Cal. 328; 131 Cal. 267; 148 Cal. 168, 170; 

152 Cal. 435; 155 Cal. 783, 784, 785, 786, 

787. 

Certificates of Nomination—Time of Filing, Vacan¬ 
cies, Etc. 

1192. Nomination papers required to be filed 
with the Secretary of State or with the County 
Clerk shall be filed not more than sixty days nor 
less than thirty-five days before the day of elec- 


126 


POLITICAL CODE 


tion, when the nomination is made by electors, as 
provided in Section 1188 of this Code. 

Nomination papers required to be filed with the 
clerk or secretary of the legislative body of any 
city or town, shall be filed not more than forty days 
nor less than twenty days before the day of elec¬ 
tion, when the nomination is made by electors as 
provided in section 1188 of this code. [Amend¬ 
ment approved May 29, 1917.] 

114 Cal. 483; 137 Cal. 480; 151 Cal. 409. 

Nomination Papers—How Long Preserved. 

1193. The secretary of state, the county clerk, 
and the clerk or secretary of the legislative body 
of any municipality shall preserve for a period of 
two years in their respective offices all nomination 
papers filed therein under the provisions of law, 
and shall thereafter destroy the same unless they 
have been introduced in evidence in some action 
or proceeding then pending. [New section approved 
May 26, 1915.] 

Initiative, Referendum and Recall Petitions— How 

Long Preserved. 

1194. The secretary of state shall preserve for 
a period of four years in his office all initiative, 
referendum and recall petitions filed therein under 
the provisions of law and shall thereafter destroy 
the same unless they have been introduced in evi¬ 
dence in some action or proceeding then pending. 
[Amendment approved April 29, 1915.] 

Arguments Relating to Constitutional Amendments 

and Propositions. 

1195. Whenever the legislature shall propose any 
amendment to the constitution of this state or any 
other proposition to be voted upon by the electors 
of the state, the author of such amendment or 
proposition and one member of the same house who 
voted with the majority on the submission of such 
amendment or proposition, shall be appointed as a 
committee of two by the presiding officer of such 


POLITICAL CODE 


127 


house, before the adjournment of the legislature, 
to draft an argument giving the reasons for the 
adoption of such amendment or proposition, which 
argument shall be not more than five hundred words 
in length. If the author of such amendment or 
proposition shall desire separate arguments to be 
written in favor thereof by each member of the 
committee, such separate arguments may be writ¬ 
ten, but the combined length of the two arguments 
shall not be more than five hundred words. At the 
same time said committee of two is appointed, one 
member of the same house who voted with the 
minority against the submission of such amendment 
or proposition, if there was any such minority 
vote, shall be selected by the presiding officer of 
such house as a committee of one to write an argu¬ 
ment against such amendment or proposition, and 
such argument shall be not more than five hundred 
words in length. These articles shall be submitted 
to the secretary of state within ninety days after 
the adjournment o;f the legislature, subject to 
amendment or change by the committee respectively 
submitting them at any time within one year after 
such adjournment, such amendment to be substi¬ 
tuted by the secretary of state in lieu of the orig¬ 
inal. In case either the argument for or the argu¬ 
ment against such amendment has not been filed by 
a member of the legislature within one year from 
the final adjournment of the legislature or in case 
no committee was appointed to write it, any elector 
may request the presiding officer of the house in 
which said amendment originated for permission to 
prepare and file an argument for such amendment 
or proposition, and any other elector may request 
such officer for permission to prepare and file an 
argument against the same The presiding officer 
of such house shall grant such permission, or, if 
there be more than one elector requesting such per¬ 
mission, he shall designate the person to prepare 
and file such statement, either for or against such 
amendment or proposition, or both for and against, 


128 


POLITICAL CODE 


as the case may be. [Amendment approved May 
27, 1915.J 

13U Cal. 92, 93. 

Manner of Printing Proposed Constitutional Amend¬ 
ments—Ballot Titles. 

1195a. The secretary of state shall cause to be 
printed at the state printing office one and one- 
fifth times as many pamphlets as there are regis¬ 
tered voters in the state. Such pamphlets shall 
contain a complete copy of all constitutional amend¬ 
ments, propositions and measures submitted to a 
vote of the electors of the state by the legislature, 
or by initiative or referendum petition, a copy of 
the corresponding constitutional or statutory pro¬ 
visions as then in force, if any, and a copy of the 
statements provided for in section one thousand 
one hundred ninety-five in this code and in section 
one, article four of the constitution of the State 
of California. The parts of the proposed amend¬ 
ments differing from the existing provisions shall 
therein be distinguished in print, so as to facilitate 
comparison. All questions, propositions, measures 
and constitutional amendments which are to be sub¬ 
mitted to a vote of the electors shall be printed 
in said pamphlets, so far as possible, in the same 
order, manner and form in which the same shall 
be designated upon the ballot and shall be desig¬ 
nated thereon by the respective ballot titles or 
designations which may be provided therefor. Said 
ballot titles shall be numbered consecutively and 
printed on the pamphlets herein referred to imme¬ 
diately prior to the particular question, proposition, 
measure or constitutional amendment therein re¬ 
ferred to. There shall also be printed on said pam¬ 
phlets the copy of said ballot title or designation 
as the same will appear on the ballots when voted 
on in the order and with the proper number which 
ballot title or designation shall be the method by 
which said questions, propositions and constitutional 
amendments shall be designated on the ballots. 


POLITICAL CODE 


129 


Constitutional Amendments to Be Mailed to Voters. 

1195b. The secretary of state shall duly, and not 
less than thirty days before the election next en- 
suant at which such amendments, propositions, 
measures or questions are to be voted on, certify 
such pamphlet and the matters contained therein 
and furnish each county clerk in the state with one 
and one-fifth times as many copies of such pam¬ 
phlets as there are registered voters in his county. 
The clerk of each county shall not more than 
twenty-five days, nor less than fifteen days prior 
to said election cause to be mailed to each voter 
a copy of such pamphlet and no other publication 
of such amendments, propositions, measures, ques¬ 
tions or statements shall be necessary or authorized. 
Three copies of such pamphlets, to be supplied by 
the secretary of state, shall be kept at every poll¬ 
ing place, while an election is in progress, so that 
they may be freely consulted by the electors. [New 
section approved May 27, 1915.] 

County Clerk to Provide Ballots—Ballot Paper. 

1196. Except as in this Code otherwise provided, 
it shall be the duty of the County Clerk of each 
county to provide ballots for every election of pub¬ 
lic officers, except elections for city or town officers, 
in which electors, or any of the electors, within the 
county participate, and to cause to be printed in the 
appropriate ballot the name of every candidate 
whose name has been certified to or filed with the 
County Clerk, in the manner provided for by law, 
together with the names certified by the secretary 
of state to have received in the respective parties, 
the highest number of votes for United States Sen¬ 
ator. Ballots other than those printed by the re¬ 
spective Countv Clerks, or the Clerk or Secretary 
of the legislative body of any incorporated city or 
town, according to the provisions of this Code, shall 
not be cast nor counted at any election. It shall be 
the duty of the County Clerk of any consolidated 
city and county to provide separate ballots for 


POLITICAL CODE 


130 

every election for city and county officers in 
which the electors, or any of the electors, of 
such city and county participate, and to cause 
to be printed on such separate ballots the name 
of every candidate for a city and county office 
whose name has been filed with the proper officer 
in the manner provided by law. It shall be the 
duty of the Clerk or Secretary of the legislative 
body of any incorporated city or town to provide 
separate ballots for every election for city or town 
officers in which the electors, or any of the electors, 
of such city or town participate, and to cause to 
be printed in such separate ballots the name of 
every candidate whose name has been filed with 
such Clerk or Secretary in the manner provided for 
by law. All ballots shall be not to exceed twenty- 
four inches in length, and shall be of sufficient width 
to contain in parallel columns four inches in width 
the names of all candidates nominated, and below 
the printed list of candidates for each office, the 
necessary blank space or spaces to permit an elector 
to write in the names of persons whose names are 
not printed on the ballot, and to contain in a sep¬ 
arate column or columns of sufficient width state¬ 
ments of all questions, propositions or constitu¬ 
tional amendments to be submitted to vote of the 
electors, and shall be printed on tinted paper 
furnished by the Secretary of State. It shall be 
the duty of the Secretary of State to obtain, and keep 
on hand, a sufficient supply of paper for ballots, and 
to furnish the same, in quantities ordered, to any 
County Clerk, or Clerk, or Secretary of the legis¬ 
lative body of any incorporated city or town, upon 
payment by them of the cost of such paper. Such 
paper shall be watermarked with a design to be 
furnished by the Secretary of State, in such manner 
that the said watermark shall be plainly discernible 
on the outside of such ballot when folded accord¬ 
ing to law. Such design shall be kept secret from 
all persons not engaged in the preparation, printing, 
or distribution of the paper or ballots, until the 
day of electioi. Such design shall be changed for 


POLITICAL CODE 


131 


each general election, and the same design shall not 
be used again at any general election within the 
space of fourteen years; but at any special or sepa¬ 
rate local election, paper marked with the design 
used at the previous election may be used. Nothing 
in this Code contained shall prevent any voter 
from writing upon his ballot the name of any per¬ 
son for whom he desires to vote for any office, and 
such vote shall be counted the same as if printed 
upon the ballot, and marked as voted for. 

Form of Ballot. 

1197. There shall be provided at each polling 
place, at each election at which public officers are 
voted for, but one form of ballot for all the can¬ 
didates for public office, and every ballot shall con¬ 
tain the names of all the candidates whose nomina¬ 
tions for any office specified on the ballot have 
been duly made and not withdrawn, as provided by 
law, together with the title of the office, arranged 
to conform as nearly as practicable to the plan 
hereinafter set forth. 

2. The order in which the list of offices shall 
appear on the ballot shall, as to state offices and 
district offices, when the district includes more than 
one county, be determined by the Secretary of State, 
and shall as nearly as may be practicable be the 
same for all counties. The order in which the list 
of county offices or district offices embracing one 
county or less, shall appear on the ballot, shall be 
determined by the county clerk. 

(a) If the office is an office the candidates for 
which are to be voted on throughout the entire 
state, including United States senator in congress, 
the secretary of state shall arrange the names of 
all candidates for such office in alphabetical order 
for the first assembly district; and thereafter for 
each succeeding assembly district, the name appear¬ 
ing first for each office in the last preceding district 
shall be placed last, the order of the other names 
remaining unchanged; provided, however, that the 
names of candidates for the office of electors for 


132 


POLITICAL CODE 


president and vice-president shall be arranged in 
groups as presented in the several certificates of 
nomination, and the secretary of state shall arrange 
such groups for the first assembly district in the 
alphabetical order of the names standing at the 
head of each of such groups as the first name 
therein; and, thereafter, for each succeeding assem 
bly district, the group appearing first shall be 
placed last, the order of the groups remaining 
unchanged; but the order of the names within each 
of the several groups shall remain the same as 
presented in the several certificates of nomination, 
and shall remain the same for all assembly districts. 

A blank column one-half inch wide shall be left 
upon the ballot opposite each group of names of 
candidates for electors for president and vice-presi 
dent, and to the right of the column of voting 
squares for the individual names and separated 
from it by a light dotted line, which blank column 
shall contain a square in which may be stamped a 
cross (X) which shall be counted as a vote for 
each and every name in the group opposite. 
Lengthwise along this blank column shall be printed 
in heavy face type “A cross (X) stamped in this 
square shall be counted for each name of the group 
to the left.” The line separating any group of 
names from any other group shall be heavier than 
any line separating the individual names in each 
group, and shall extend across the blank column 
provided for in this paragraph. Below the top line 
of this extension shall be printed in small heavy 
face type the words “top of group /* and above the 
bottom line of the extension, the words “end of 
group. ** 

If the office is that of representative in congress, 
or is an office the candidates for nomination to 
which are to be voted on in more than one county or 
city and county, but not throughout the entire state, 
except the office of state senator or assemblyman, 
the secretary of state shall arrange the names of all 
candidates for such office in alphabetical order for 
that assembly district which is lowest in numerical 


POLITICAL CODE 


133 


order of any assembly district in which such candi¬ 
dates are to be voted on; and thereafter for each 
succeeding assembly district in which such candi¬ 
dates are to be voted on, the name appearing first 
for such office in the last preceding district shall 
be placed last, the order of the other names re¬ 
maining unchanged. 

In certifying to each county clerk or registrar of 
voters the list of names as required in section 23 
of the primary election law the secretary of state 
shall certify and transmit the list of candidates for 
each office according to assembly districts, in the 
order of arrangement as determined by the above 
provisions; and in case of each county or city 
and county containing more than one assembly dis¬ 
trict, he shall transmit separate lists for each as¬ 
sembly district. Except for the office of state sen¬ 
ator or assemblyman, the order in which the names 
so certified shall appear upon the ballot, shall be for 
each assembly district the order as determined by 
the secretary of state in accordance with the above 
provisions, and as certified and transmitted by him 
to each county clerk or registrar of voters. 

(b) If the offi'ce is an office to be voted on 
wholly within one county or city and county, except 
the office of representative in congress or state sen¬ 
ator or assemblyman, the county clerk of such 
county or the registrar of voters of such city and 
county, shall arrange the names of all candidates for 
such office in alphabetical order, which order shall 
be the order of names upon the ballots; provided 
there is no more than one assembly district in such 
county, or city and county. If there is more than 
one assembly district in such county or c^ity and 
county, the county clerk or registrar of voters shall 
so arrange on the ballot the order of names of all 
candidates for such office that they shall appear in 
alphabetical order for that assembly district in such 
county, or city and county, which is lowest in mi- 
merical order, and thereafter for each succeeding 
assembly district in such county, or city and county, 
the name appearing first for each office in the last 


134 


POLITICAL CODE 


preceding assembly district shall be placed last, the 
order of the other names remaining unchanged. 

(c) If the office is that of state senator or as¬ 
semblyman, the names of all candidates for such 
office shall be placed upon the ballot in alphabetical 
order. 

(d) If the office is a municipal office in any city 
or town whose charter does not provide for the 
order in which names shall appear on the ballot, 
the names of candidates for such office shall be 
placed upon the ballot in alphabetical order. 

If the nomination of a candidate for any office 
shall be made by petition, filed within the time and 
manner provided by law, but subsequent to the 
determination of the order in which names of can¬ 
didates shall appear on the ballot, the name of 
such candidate with the word ‘ 1 Independent ’ 1 
printed to the right thereof, shall be placed on the 
ballot next below the names of the other candi¬ 
dates for the same office; provided, however, that in 
the case of judicial officers and school officers the 
word “Independent ’’ shall be omitted. 

3. The order in which all questions and proposi¬ 
tions (including proposed laws and constitutional 
amendments), which are to be submitted to the 
vote of the electors, shall appear upon the ballot 
shall be determined by the Secretary of State. The 
Attorney General shall provide and return to the 
Secretary of State a ballot title or designation by 
which all such questions, propositions, proposed 
laws and constitutional amendments shall be desig¬ 
nated upon the ballot; provided, however, any per¬ 
son who is interested in the question, proposition, 
proposed law or constitutional amendment the peti¬ 
tion as to which is being circulated for the purpose 
of having the same submitted under an initiative 
petition, as provided in section one of article IV of 
the constitution, to a vote of the electors, or any 
proposed constitutional amendment to be submitted 
to a vote of the electors, may, at any time prior to 
one hundred and thirty days before the election at 
which such question, proposition, proposed law or 


POLITICAL CODE 


135 


constitutional amendment is to be submitted to a 
vote of the electors, file a copy of said question, 
proposition, proposed law or proposed constitutional 
amendment with the Secretary of State, together 
with a request that a ballot title be prepared for 
the same; such request shall be accompanied with 
the address of the person or association of persons 
proposing such measure. The Secretary of State 
shall forthwith transmit a eopy of said question, 
proposition, proposed law or constitutional amend¬ 
ment to the Attorney General. Within ten days 
after the same is filed with him, said Attorney Gen¬ 
eral shall provide and return to the Secretary of 
State a ballot title for said measure. The ballot 
title may be distinguished from the legislative or 
other title of the measure and shall express in not 
exceeding one hundred words, the purpose of the 
measure. In making such ballot title, the Attor¬ 
ney General shall give a true and impartial state¬ 
ment of the purpose of the measure and in sueh 
language that the ballot title shall not be an argu¬ 
ment or likely to create prejudice either for or 
against the measure. Immediately upon receipt of 
the ballot title as prepared by the Attorney Gen¬ 
eral, the Secretary of State shall mail to any and 
all persons who may have requested the preparation 
of such ballot title, a notice addressed to such per¬ 
son or persons at the address accompanying such 
request, stating that the Attorney General has made 
and returned such ballot title, which notice shall 
also contain a copy of the ballot title as prepared 
by the Attorney General. Any person who is dis¬ 
satisfied with the ballot title prepared by the Attor¬ 
ney General for any such question, proposition, pro¬ 
posed law or constitutional amendment may, after 
the same has been returned to the Secretary of 
State as hereinbefore provided, and wdthin ten day* 
after said notice shall have been mailed by the Sec¬ 
retary of State, as above provided, file in writing 
with the Secretary of State his objections, who shall 
forthwith file a copy of such question, proposition, 
proposed law or constitutional amendment, together 


136 


POLITICAL CODE 


with the title thereof as so prepared by the Attor¬ 
ney General and the said objections thereto, with 
the board of title commissioners, which board shall 
consist of the three justices of the district court of 
appeal of the State of California, in and for the 
third appellate district, who shall be ex oflieio title 
commissioners for the purposes of this act and 
which board is hereby created; said board shall fix 
a time at which any person may be heard either 
for or against the objection so made and shall no¬ 
tify all persons of the time so set and thereupon 
said board of title commissioners shall proceed to 
consider the said title prepared by the Attorney 
General and the objections filed thereto, and shall 
prepare a title by which such question, proposition, 
proposed law or constitutional amendment shall be 
designated upon the ballot. Said title commission¬ 
ers shall certify the said designation to the Secre¬ 
tary of State within ten days after said written ob¬ 
jections have been received by them. The determi¬ 
nation by the said board of title commissioners 
shall be final and conclusive. Such questions, prop¬ 
ositions, proposed law and constitutioual amend¬ 
ments shall be designated on the ballot by the said 
ballot title certified to the Secretary of State by the 
said Attorney General, or in case a different title 
has been prepared, certified and filed by the said 
board of title commissioners, then such title shall 
be the title and designation by which any such 
question, proposition, proposed law or constitutional 
amendment shall be designated upon the ballot. 

4. All ballots shall be not to exceed twenty-four 
inches in length, and shall be four inches in width, 
and as many times such width as may be necessary 
to contain the names of all candidates nominated, 
with proper blank spaces to allow the voter to 
write in names not printed on the ballot, and also a 
separate column or columns of sufficient width for 
statements of all questions, propositions or consti¬ 
tutional amendments submitted to vote of the 
electors. Each group of candidates to be voted 
on shall be headed by the designation of the office 


INSTRUCTIONS TO VOTERS: £3»i 


i candidate of your selection stamp a cross (X> In the voting square next to the right 
f such candidate. Where two or more candidates for the same off'ce are to bo elected. 
sOO after the names of all the candidates for that office for whom you desire to vote 
not to exceed, however, the number of candidates who are to be elected. If the ballot does not 
contain the names of candidates for all offices for which you may desire to vote, you may vote for candidates for such offices so omitted by writing the name of 
the candidate for whom you wish to vote in the blank space left for that purpose. To vote for a person not on the ballot, write the name of such person under the 
title o» the office lnthe (< blank space left for that^purpose. To vote on any question, proposition or constitutional amendment, stomp a cross 00 m the voting 
square after the word Yes” or after the word ‘No”. All marks, except the cross (X) are forbidden. All dlstlr.gulshlng marks or erasures are forbidden and 
make the ballot void. If you wrongly stamp, tear or deface this ballot, return It to the Inspcotor of Election and obtain another. 


STATE 

Gmtryw 

| JOHN C KELLY. RepobUea. 


THOMAS G ADAMS. Democrat 


FRANK K SMITH. PrcOfeitwo* 




iKataMoi Gcrtnoc V? hr Ok 

1 C STEVENS. RctvMkaa 


H DEAN. Democrat. Sooalial 


1 N DUFFY. Ptupk'a Party 




Old* icJx, «f ts. CMrt Mfeta 

JOHN LAW 


HENRY JOLES 


TOM ASHLEY 




A»oo*f JoMke ol tor S«wt*-e Caarl fad far fa* 

ARTHUR COREY 


JOHN WHITE 

« 






SauTtar; of Sitfr fr fe 

J CLINTON STOLL Democrat 


ARCH DENNY. Social* 


CLAUD PIERSON. Uoi Party 




(oolrofer V* tor Ok 

HENRY SIMPSON. Democrat 


TOMES JONES. Social*. Rc-^taa 


JOHN SMITH. Poo pk* Party 




Trtrwv t* hf tot J 

EDCA» ALLEN. PwfcRorm* 


FREDERICK LUKF.NS RrpotlxM 


SAM T CAMPBELL. SxmIim 





James McCarty. 


JOHN MASTERS. Socalia 


& W TURNER. 


LEGISLATIVE 


r« 


$t*M Vm( or. rsny.«tV> Scutorval ttsthd fat for Cfc 

Senate Conttitornoa! AmmOmrnt K'mVn L 
Rebrov to the pubLc Khool trocm iM top^ort tf 
tublo .cfcooU 



No 


H G CHAPIN. Democrat 

C & COLBY. Socmh* 



Yaa 


T K JONES. RrtmMxaa 



No 



HENRY SULLIVAN, Depocra* 


JOHN KANE. R*puM>cia 


WILLIAM FULLER. Prtdtib-tioo 


Ooi of UK SofvoK C«rt 


IKE LFE. RtpvNv-Aa, Drrjcnt 


JOE K HENRY. Sochfut 


JOHN PHELPS Prafc&kiea 


SopC.-'aitmkKt of Pool*. litCucLoo 


C C COLLINS 


COttCRESSJONAL 


Mta4 $u la SpcNm 


john McCulloch. RefotiK** 


T H SE&KHaRT, Democrat 


A. L CURTIS. Soculnt 


MmfccroftW AseaMy. SoxatY -SrCMtf (fetril hit (or CM 


T J. KERR. Prpkfciboo 


A. K SPAULDING, Dtmocrat 


U S MENJCE. P«c*.l*‘i Party 


COUNTY 


, J*<re of tV Skater C/*rt 


LUCJEN EARLE 


SILAS MACK£Y 


U C CONNELLY. 


Rrpr*5«uiM to Coopts, $nab CupsvoS herd IXr f« Ok 


ALLAN FLYNN. 


CEOREE MURRAY. Droocmt 


EDGAR SHANNON. Proh*,t.oo 


jj U*Sa SLA Bot^offo«iioboo. f omt»> fcJnct t* f« tat 


FRANK MATTHEWS. RcpoUkjo 


JAMES HANDLEY. Democrat 


FRANK MARK. Soc*l.« 












































































































































































(Endorsement on back) 

GENERAL TICKET 

SEVENTH CONGRESSIONAL DISTRICT 
THIRTY-EIGHTH SENATORIAL DISTRICT 
SEVENTY-SECOND ASSEMBLY DISTRICT 


POLITICAL CODE 


137 


and the words “Vote for One” or “Vote for 
Two” or more, according to the number to be 
selected to such office; such designation of the office 
and of the number of candidates to be voted for 
shall be printed in heavy faced gothic type, not 
smaller than ten point. The word or words desig¬ 
nating the office shall be printed flush with the left 
hand margin and the words “vote for one” or 
“vote for two” or more, as the case may be, shall 
extend to the extreme right of the column and 
over the voting square. The designation of the 
office and the directions for voting shall be sepa¬ 
rated from the names of the candidates by a light 
line. The names of the candidates for such office 
shall be printed in eight point Roman type (cap¬ 
itals) in proper order below the designation of the 
office, and in the same line in which the name of 
the candidate is printed and at the right of the 
name, or immediately below the name if there 
shall not be sufficient space to the right thereof, 
shall be printed in eight point Roman type (lower 
case) the designation of the political party or 
parties by or on behalf of which such candidate has 
been nominated; provided that when a candidate 
has been nominated by petition, the word, “ Inde¬ 
pendent,” shall be printed to the right of his name, 
and provided also, that as to candidates for 
judicial offices, and school offices the designation of 
the political party or parties, or the word “Inde¬ 
pendent,” if there be an independent candidate, 
shall be omitted. The name of the candidate, and the 
designation of the political party or parties by 
which he has been nominated shall be printed in a 
space one-half inch in depth, and shall be defined 
by light horizontal ruled lines, with a blank space 
on the right thereof one-half inch square, which 
blank space (called the voting square) shall be 
made use of by the voter to designate, by stamp¬ 
ing a cross (X) therein and after the name of the 
candidate, his choice of particular candidates. 

5. The names of the candidates for an office 
shall not be separated from each other on the 
ballot by names of candidates for any other office, 



POLITICAL CODE 


138 

and the list of candidates for each office shall be 
separated from the lists of candidates for other 
offices by a double rule, above and below such list. 
Each senes of the lists of candidates for the aeveral 
offices shall be headed by the word “ State,” 
4 4 Congressional, ’' “ Legislative, ” “ County, ’ ’ or 

“Municipal’’ or other proper general classification, 
as the case may be, printed in heavy faced gothic 
capital type, not smaller than twelve point, each 
such word being separated from the names of the 
candidates beneath by a three point line. 

6. The left hand side of each column of names 
on the ballot and also the right hand side of each 
column of voting squares, shall be bordered by a 
broad printed line one-twelfth of an inch wide, 
and the edge of the ballot on the left hand side 
thereof shall be trimmed off up to the first border 
or solid line, on the left hand side of the ballot, and 
on the right hand side of the ballot shall be per¬ 
forated along the border, or solid line above de¬ 
scribed. The ballot shall be so printed as to give 
ea.ch voter a clear opportunity to designate by 
stamping a cross (X) in a blank inclosed space, 
hereinbefore designated as the voting square, on the 
right of and after the name of each candidate 
whose name is printed on the ballot, his choice of 
particular candidates* or his choice of each and all 
of a group of candidates as provided in subdivi¬ 
sion 2 of this section. The ballot shall be printed 
on the same leaf with a stub and separated there¬ 
from by a perforated line across the top of the 
ballot. On each ballot a perforated line shall ex 
tend from top to bottom, along the border or solid 
line hereinbefore described, one-half inch from the 
right hand side of the ballot, and upon the half 
inch strip thus formed there shall be no printing 
except the number of the ballot, which shall be 
upon the back of such strip in such position that 
it will appear on the outside when the ballot is 
folded. The number on each ballot shall be the 
same as that on the corresponding stub, and the 
ballots and stubs shall be numbered consecutively 


POLITICAL CODE 


139 


in each county. All ballots printed by county 
clerks or registrars of voters other than the sep¬ 
arate ballots containing the names only of candi¬ 
dates for city and county offices, printed by the 
county clerks or registrars of voters of consolidated 
cities and counties, shall have printed on the back, 
below the stub, and immediately at the left of the 
center of the ballot, in eighteen point gothic capi¬ 
tals, the words 11 General Ticket, * ’ and underneath 
the respective number of congressional, senatorial 
and assembly districts in which each ballot is to be 
voted; and all ballots printed by county clerks or 
registrars of voters of consolidated cities and 
counties containing the names of candidates for 
city and county offices, and also all ballots printed 
by the clerks, registrars of voters or secretary of a 
legislative body or any incorporated city or town, 
shall have printed in the same manner, on the back, 
the words, “Municipal Ticket .” 

All municipal ballots shall be printed upon paper 
of a different tint from that of the general ballot. 

7. All of the ballots of the same sort prepared by 
any county clerk or registrar of voters, or clerk or 
secretary of a legislative body, or other person 
having charge of the preparing of such ballots, for 
the same polling place, shall be precisely the same 
size, arrangement, quality and tint of paper, and 
kind of type, and shall be printed with black ink 
of the same tint, so that without the numbers on 
the stubs it shall be impossible to distinguish any 
one of the ballots from the other ballots of the same 
sort; and the names of all candidates printed upon 
the ballot shall be in type of the same size and 
character. 

8. If two or more officers are to be elected for 
the same office for different terms, the term for 
which each candidate for such office is nominated 
shall be printed on the ballot as a part of the title 
of the office. If at a general election an office is 
to be filled for a full term, and also for a vacancy 
in another term the list of candidates for the full 
term shall be placed on the ballot under the desig- 


140 


POLITICAL CODE 


nation of the office with the words “full term” 
printed immediately thereafter and the list of can¬ 
didates to fill the vacancy shall be placed on the 
ballot under the designation of the office with the 
words ‘ ‘ short term ; ’ printed immediately there¬ 
after. 

9. Whenever any question, proposition or con¬ 
stitutional amendment is to be submitted to the 
vote of the electors, there shall be printed at the 
right of the last column of names of candidates, 
another column, of sufficient width, with voting 
squares, in which such question, proposition or con¬ 
stitutional amendment shall be designated, which 
designation shall consist of a statement prepared as 
hereinbefore provided for, and opposite such ques¬ 
tion, proposition or constitutional amendment to be 
sooted on, in separate lines, the words “Yes” and 
‘No” shall be printed. If an elector shall stamp 

a cross (X) in the voting square after the printed 
word “Yes,” his vote shall be counted in favor of 
the adoption of the question, proposition or con¬ 
stitutional amendment; if he shall stamp a cross (X) 
after the printed word “No,” his vote shall be 
counted against the adoption of the same. 

10. On the top of the face of the ballot the fol¬ 
lowing directions shall be printed: 

Instructions to Voters: 

To vote for a candidate of your selection, stamp 
a cross (X) in the voting square next to the right 
of the name of such candidate. Where two or 
more candidates for the same office are to be elected, 
stamp a cross (X) after the name of all the candi¬ 
dates for that office for whom you desire to vote 
not to exceed, however, the number of candidates 
who are to be elected. If the ballot does not con¬ 
tain the names of candidates for all offices for which 
you may desire to vote, you may vote for candidates 
for such offices so omitted by writing the name of 
the candidate for whom you wish to vote in the 
blank space left for that purpose. To vote for a 
person not on the ballot, write the name of such 


POLITICAL CODE 


141 


person under the title of the office in the blank 
space left for that purpose. 

To vote on any question, proposition or consti¬ 
tutional amendment, stamp a cross (X) in the vot¬ 
ing square after the word “Yes” or after the 
word “No.” All marks, except the cross (X) are 
forbidden. All distinguishing marks or erasures are 
forbidden and make the ballot void. 

If you wrongly stamp, tear or deface this ballot, 
return it to the inspector of election and obtain 
another. 

In elections when electors of president and vice- 
president of the United States are to be chosen, 
there shall be placed upon the ballot in addition to 
the instructions to voters as above provided, an 
additional instruction as follows: To vote for 
all or a group of persons, stamp a cross (X) in the 
square opposite such group, this instruction appear 
ing immediately before the words: “To vote for a 
person not on the ballot.” 

11. Except as to the order of the names of candi 
dates, the ballots shall be printed substantially in 
the following form:' 

(Face of ballot on insert.) 

(Indorsement on back of ballot) 

General Ticket. 

Seventh Congressional District. 

Thirty-eighth Senatorial District. 

Seventy-second Assembly District. 

[Amendment approved June 14, 1913.] 

58 Cal. 526; 96 Cal. 372; 108 Cal. 109; 114 
Cal. 309; 130 Cal. 92; 136 Cal. 267; 137 
Cal. 480; 153 Cal. 545; 6 Cal. App. 126, 
127; 8 Cal. App. 678. 

Draft of Initiative, Referendum and Recall Peti¬ 
tions to Be Submitted to Attorney General. 

1197a. It shall be the duty of the proponents 
of any initiative measure relating to the constitu¬ 
tion or the laws of the State of California, prior 


142 


POLITICAL CODE 


to circulating any petition for signatures thereon, 
to submit a draft of said petition to the attorney 
general with a request that he prepare a title, and 
summary of the chief purposes and points of said 
proposed measure. Such title and summary shall 
forthwith be prepared in the manner provided for 
the preparation of ballot titles in paragraph three 
of section one thousand one hundred ninety-seven 
of the Political Code. Said title and summary shall 
not exceed one hundred words in all. 

Petitions—Heading to. 

1197b. The proponents of any proposed initiative 
measure shall place upon each section of the peti¬ 
tion in relation thereto above the text of the meas¬ 
ure the title and summary referred to in section 
one thousand one hundred ninety-seven a of the 
Political Code not exceeding one hundred words in 
all. Across the top of each page of any petition 
asking that any act or section, or part of any act 
of the legislature be submitted to the electors for 
their approval or rejection, there shall be printed 
in twelve-point black-face type the following: 

“ Referendum Against an Act Passed by the 
Legislature. ” 

Across the top of each page after the first page 
of every initiative, referendum or recall petition 
or section thereof which may be prepared and cir¬ 
culated in accordance with law there shall be print¬ 
ed in eighteen-point gothic type a short title, in 
not to exceed twenty words, showing the nature 
of the petition and the subject to which it relates. 

No officer chargeable by law with receiving or 
filing in his office any initiative, referendum or 
recall petition shall receive or file any such peti¬ 
tion which does not conform with the provisions of 
this section. This section shall apply only to initia¬ 
tive, referendum and recall measures affecting the 
constitution or laws of the state, or state officers. 
[New section approved April 10, 1915.] 


POLITICAL CODE 


143 


Ballots to Be Bound and Recorded. 

1198. AH ballots, when printed, shall be bound 
in stub books, each book to consist of ten, or some 
multiple of ten, ballots, and so issued. A record of 
the number of ballots printed by them shall be kept 
by the respective County Clerks,- and by the Clerk 
or Secretary of the legislative body of each incor¬ 
porated city or town. 

Number to Be Provided—Unused Ballots. 

1199. The County Clerk or Registrar of Voters of 
each county shall provide for each election precinct 
in the county ten general tickets for every eight or 
fraction of eight electors registered in the election 
precinct for such election; and an additional ten 
ballots for each election preeinct that has less than 
thirty registered electors; provided that no ballot 
pad used or provided for any election shall contain 
less than ten general tickets for such election; and 
in case of a consolidated city and county, an equal 
number of municipal tickets, when any city and 
county officers are to be elected; and the Clerk or 
Secretary of the legislative body of any incorpor¬ 
ated city or town shall furnish a like number of 
municipal tickets when any city or town officer 
is to be elected. And upon the day of an election, 
immediately upon the arrival of the hour when 
the polls are required by law to be closed, the 
County Clerk in each county shall openly, in his 
main office, in the presence of as many persons as 
may there assemble to observe his act, proceed to 
destroy every unused ballot which shall have re¬ 
mained in his possession, custody, or control, and 
forthwith make and file liis affidavit, in writing, as 
to the number of ballots so destroyed. 

10 App. 91. 

Errors in Ballots to Be Corrected, How. 

1200. Whenever it shall appear by affidavit that 
an error or omission has occurred in the publication 
of the name or description of the candidates nomi¬ 
nated for office, or in the printing of the ballots, 


144 


POLITICAL CODE 


the* Superior Court of the county, or the Judge 
thereof, shall, upon application by any elector, by 
order, require the County Clerk to correct such 
error, or to show cause why such error should not 
be corrected. 

Delivery of Ballots—Procedure When Ballots Are 
Lost. 

1201. Before the opening of the polls at any 
election within any county, the County Clerk of 
the county shall cause to be delivered to the 
Boards of Election of each election precinct which 
is within the county, and in which the election is 
to be held, at the polling place of the election pre¬ 
cinct, the proper number of general tickets of 
the kind to be used in the election precinct, in 
sealed packages, with marks on the outside clearly 
designating the precinct or polling place, for 
which they are intended, and the number of bal¬ 
lots inclosed, and in ease of a consolidated city 
and county, also a like number of municipal tick¬ 
ets; and the Clerk or Secretary of any incorporated 
eity or town shall in like manner cause to be de¬ 
livered the proper number of municipal tickets. 
The County Clerk, Clerk, or Secretary shall pre¬ 
pare a receipt for each polling place, enumerating 
the packages and stating the time and day and 
date when the same were delivered by him to the 
Inspectors of Election. The Inspectors of Election 
shall sign said receipt upon receipt of the packages, 
which shall forthwith be returned and filed. The 
County Clerk, Clerk, and Secretary, respectively, 
shall have authority to employ such messengers as 
may be necessary to insure the safe and expedi¬ 
tious delivery of the ballots to the Inspectors or 
Judges of Election, as provided in this Code, and 
the Board of Supervisors, or other Board or body 
having the control of elections, shall allow such 
messengers a reasonable compensation for their 
services, to be paid as other election expenses are 
paid. In case of the prevention of an election 
in any precinct by the loss or the destruction of the 



POLITICAL CODE 


145 


ballots intended for that precinct, the Inspector, or 
other election officer for that precinct, shall make 
an affidavit setting forth the fact, swear to the 
same before an officer authorized to administer 
oaths, and transmit it to the Governor of this State. 
Upon receipt of such affidavit, the Governor may 
order a new election in such precinct, and upon the 
application of any candidate for any office to be 
voted for by the electors of such precinct, the 
Governor shall order a new election in such pre¬ 
cinct. 

Booths, Ballot-Boxes and Supplies. 

1203. All officers upon whom is imposed by the law 
of the State the duty of designating polling places, 
shall cause such polling places to be suitably pro¬ 
vided with a ballot-box, to be marked on the outside 
“General Tickets,’’ and when any city, city and 
county, or town officers are to be elected, a second 
ballot-box, to be marked on the outside “Municipal 
Tickets”; and shall also provide a sufficient number 
of places, booths, Or compartments, at or in which 
voters may conveniently mark their ballots, so that 
in the marking thereof they may be screened from 
the observation of others, and a guard rail shall be 
so constructed and placed that only such persons as 
are inside said rail can approach within six feet of 
the ballot-boxes, and of such booths or compart¬ 
ments. The arrangements shall be such that neither 
the ballot-boxes nor the box booths or compart¬ 
ments shall be hidden from the view of those just 
outside the said guard rail. The number of such voting 
booths or compartments shall not be less than one 
for every forty electors qualified to vote in the pre¬ 
cinct. No person other than electors engaged in 
receiving, preparing, or depositing their ballots shall 
be permitted to be within said rail before the clos¬ 
ing of the polls, except by authority of the Board 
of Election, and then only for the purpose of keep¬ 
ing order and enforcing the law. Each of said vot¬ 
ing booths or compartments shall be kept provided 


146 


POLITICAL CODE 


with proper supplies and conveniences for marking 
the ballots. 

And the election officers shall especially see that 
the stamp and inkpads required are at all times in 
such booths and in condition for proper use; and 
all officers upon whom is imposed by the law the 
duty of designating polling places, shall supply each 
polling place with several stamps and several ink- 
pads for each booth, and such stamps shall be so 
made that a cross (X) may be made with either 
end of such stamp, and the same must be so con¬ 
structed that the portion with which such cross (X) 
is to be made shall not be fastened on by any glue 
or like substance which may loosen when wet, but 
the said stamp shall be one solid piece. 

136 Cal. 399. 

Manner of Voting. 

1204. Any person desiring to vote shall write his 
or her name and address (or if he or she be unable 
to write, shall have the same written for him or 
her) on a roster of voters provided for that purpose 
and announce the same to one of the election offi¬ 
cers, who shall then in an audible tone of voice an¬ 
nounce the same, and if another election officer finds 
the name on the register, he shall in a like manner 
repeat the name and address, whereupon a challenge 
may be interposed as provided in section 1230 of 
this Code. In case the surname of any female per¬ 
son offering to vote has been changed by reason of 
marriage or divorce since registration such person 
shall sign her name as it was before such marriage 
or divorce and also her name as it is at the time she 
votes, indicating on the roster by brackets or other 
means, that the two names are the name of one 
person. In all eases except in those where the name 
and address of the voter is written on the roster of 
voters for him, as above provided, it shall be the 
duty of the election officer, in the presence and view 
of the bystanders to compare the signature of the 
voter on the roster of voters with the signature of 
that person on the register and no ticket shall be 


POLITICAL CODE 


147 


given such voter until such comparison of signatures 
snail have been made and until such a comparison 
has been made, as aforesaid, the right of a voter to 
vote may be challenged. If the challenge be over¬ 
ruled, the election officer shall give the voter a 
ticket and the elerk shall write on the register oppo¬ 
site the name of the voter the number of the general 
ticket given him and also the number of the 
municipal ticket given him when any city, city 
and county or town officer is to be elected and the 
voter shall be allowed to enter the place enclosed 
by the guard rail as above provided. The election 
officer shall give him but one general ticket and 
where any city, city and county or town officers 
are to be elected also one municipal ticket and only 
one ballot of each kind and in order to prevent 
voters from marking their ballots with a pencil, or 
otherwise contrary to law, it shall be the duty of 
the election officer whenever he shall deliver a 
ballot to any voter to then orally distinctly state to 
him, so that it may be heard by the bystanders, 
that he must marl$: the ballot with the stamp pro¬ 
vided by law or it will not be counted. 

83 Cal. 75; 91 Cal. 532; 136 Cal. 400. 

Manner of Voting. 

1205. On receiving his ballot the elector shall 
forthwith, and without leaving the enclosed space, 
retire alone to one of the places, booths or compart¬ 
ments provided, to prepare his ballot. In voting he 
shall stamp a cross (X) in the voting square 
after the name of every candidate for whom 
he intends to vote, and this shall be counted as a 
vote for each person after whose name the voter 
has stamped such cross, or he may vote for a candi¬ 
date or person whose name is not printed on the 
ballot by writing a name for such office in the 
blank space left therefor, in which latter case the 
vote of such voter for that office shall be counted 
for the person whose name is so written. Where 
two or more candidates for the same office are to 
be elected, and the voter desires to vote for candi- 


148 


POLITICAL CODE 


dates for that office, he must stamp a cross (X) 
after the names of all the candidates for that office 
for whom the voter desires to vote, not exceeding, 
however, the number of candidates who are to be 
elected. 

In case of a question, proposition or constitu 
tional amendment, submitted to the vote of the 
electors, the voter shall mark his ballot by stamping 
in the appropriate voting square a cross (X) op 
posite the answer he desires to give as to such 
question, proposition or constitutional amendment 
All crosses shall be made only with a stamp, which 
with necessary pads and ink, shall be provided by 
the officers who by law are required to furnish 
election supplies for each booth or compartment 
provided for the marking and preparation of ballots. 
Before leaving such booth or compartment the 
elector shall fold his ballot in such a manner that 
the number of the ballot and the endorsement on 
the back shall appear on the outside thereof, 
without displaying the marks on the face there¬ 
of, and shall keep it folded until he has voted. 
Having folded his ballot, the voter shall deliver it 
folded to the Inspector, who shall announce in an 
audible tone of voice the name of the voter and 
the number of his ballot. If the Ballot Clerk having 
in charge the register or affidavits of registration 
finds such number to correspond with the number 
marked opposite the voter’s name on the register 
or affidavit of registration, he shall, in like manner, 
repeat the name and number, and shall write oppo¬ 
site the name the word “voted.” The Inspector 
shall then separate the slip containing the number 
from the ballot, deposit the ballot in the box and 
immediately destroy such numbered slip. 

96 Cal. 372; 108 Cal. 109; 136 Cal. 400; 138 
Cal. 22; 145 Cal. 333; 11 Cal. App. 586. 

Booths—How Occupied. 

1206. Not more than one person shall be permitted 
to occupy any one booth at one time, and no per* 


POLITICAL CODE 


14P 


son shall remain in or occupy a booth longer than 
necessary to prepare his ballot, and in no event 
longer than ten minutes. 

Spoiled Ballots. 

1207. Any voter who shall spoil a ballot shall re¬ 
turn such spoiled ballot to the Ballot Clerk and 
receive another one in its place, one at a time, not 
to exceed three in all. All the ballots thus returned 
shall be immediately canceled, and, with those not 
distributed to the voters, shall be returned with 
the registered list and ballots, as now provided in 
sections one thousand two hundred and sixty-three 
and one thousand two hundred and sixty-four of 
this Code. Every elector who does not vote the 
ballot delivered to him shall, before leaving the poll¬ 
ing place, return such ballot to the Baliot Clerks 
having charge of the ballots, who shall immediately 
cancel the same and return them in the same man¬ 
ner as spoiled ballots. The Ballot Clerks shall ac¬ 
count for the ballots delivered to them by returning 
a sufficient number of unused ballots to make up, 
when added to the number of official ballots cast and 
the number of spoiled ballots returned, the number of 
ballots given to them, and it shall be the duty of 
the officers receiving such returned ballots to com¬ 
pel such an accounting,* and immediately upon the 
closing of the polls, and before any ballot shall be 
taken from the ballot boxes, or either thereof, the 
Ballot Clerks must, in the presence of all persons 
in the room who may desire to observe the same, 
proceed to deface every unused or spoiled ballot, by 
drawing across the face thereof, in writing ink, 
with a pen, two lines which shall cross each other, 
and said Ballot Clerks shall thereupon immediately, 
and before any ballots be taken from the ballot-box, 
or either thereof, place all said ballots thus defaced 
within an envelope and seal said envelope, and 
thereupon a majority of the election officers shall 


150 


POLITICAL code 


immediately write their names across the sealed 
portion of said envelope. 

46 Cal. 405; 91 Cal. 531; 108 Cal. 110; 138 
Cal. 21; 14 App. 672. 

Voters Assisted—How. 

1208. When it appears from the register that any 
elector has declared under oath, when he registered, 
that he cannot read, or that by reason of physical 
disability he is unable to mark his ballot, he shall, 
upon request, receive the assistance of two of the 
officers of election, of different political parties, in 
the marking thereof, to be chosen as follows : One 
by the Inspector then receiving the ballots, and the 
other by the Judge of the opposite political party 
which at the last election cast the highest number 
of votes throughout the State, and in the event 
there are more Judges than one of said party, then 
by the one of said Judges who shall be named by 
said Inspector. Neither of the persons appointed 
shall be of the same political party with the person 
appointing, nor shall either of said persons so 
making said appointments appoint the other for 
said purposes. Such officers shall thereafter give 
no information regarding the marking of said bal¬ 
lot. The officers making such appointments shall 
make the same in writing, and sign the same, and 
upon the same paper the persons so appointed shall 
subscribe and take the following oath before assist¬ 
ing such elector: 

State of California, county of-, Assembly 

district number -, - precinct.—ss. 

- and -, being duly sworn, each 

for himself, says that he is one of the officers of 

election appointed to assist - (here insert 

name of the elector) in marking his ballot, and that 
he will not give any information, now or hereafter, 
regarding the same._ 


Subscribed and sworn to before me, this 
day of -, A. D. -. 
















POLITICAL CODE 


151 


Said affidavits may be sworn to before any officer 
of election competent to administer an oath, and 
the same, with the indorsements thereon, shall be 
returned to the County Clerk, as provided in sec¬ 
tion one thousand two hundred and sixty-one of 
this Code. 

Lists of the voters who have been assisted in 
marking their ballots shall be kept by the Clerks 
keeping the poll lists, and shall be returned and 
preserved as the poll lists are returned and pre¬ 
served. As amended March twenty-third, eighteen 
hundred and ninety-three. [Amendment approved 
March 28, 1895, in effect immediately.] 

46 Cal. 405; 92 Cal. 136; 108 Cal. 113; 121 
Cal. 482; 136 Cal. 274; 145 Cal. 327, 335. 

Slip Containing Number Must Be Removed. 

1209. No member of the Board of Election shall 
deposit in. the ballot-box any ballot from which the 
slip containing the number of the ballot has not 
been removed by the Inspector. 

Sample Ballots—Instruction Cards. 

1210. The County Clerk of each county, or, in 
case of separate city or town elections, the Clerk or 
Secretary of the legislative body of such city or 
town, shall cause to be printed, on plain white 
paper, without watermark, at least as many copies 
of the form of ballot provided for use in each 
voting precinct as there shall be registered voters 
in such precinct. Such copy shall be designated 
“ sample ballot ” upon the face thereof. Said clerk 
or secretary shall commence to mail the same, post¬ 
age prepaid, to registered voters not more than 
twenty-five, nor less than ten days before ihe day 
fixed by law for such election, and shall have all 
of the same mailed at least seven whole days 
before the day of election; provided, that not more 
than one sample ballot shall be furnished to any 
one voter; and further provided, that for any gen¬ 
eral election the number of sample ballots printed 


152 


POLITICAL CODE 


shall not exceed the total registration by more than 
fifteen per cent of such registration. Such clerk 
or secretary shall also enclose in the envelope with 
each of said ballots a card stating the location of 
the precinct polling place of each elector. Only 
official matter shall be sent out in such envelope. 
Such clerk or secretary shall cause to be printed 
in large, clear type, on cards, instructions for the 
guidance of electors in obtaining and marking their 
ballots, and he shall furnish twelve such cards to 
the board of election in each election precinct in 
his county, at the same time and in the same man¬ 
ner as the printed ballots and sample ballots. The 
board of election shall post at least one of such 
cards in each booth or compartment provided for 
the preparation of ballots, and not less than three 
of such cards at other places in and about the poll¬ 
ing place, on the day of election. Sections twelve 
hundred and fourteen and twelve hundred and fif¬ 
teen of this Code, and section sixty-one of the Penal 
Code, shall also be printed on each of said cards. 
[Amendment approved May 26, 1915.] 

103 Cal. 540. 

Ballots, When Void. 

1211. 1. In canvassing the votes any ballot 

which is not marked as provided by law shall be 
void; but such ballot must be preserved and re¬ 
turned with the other ballots; provided, however, 
that two or more impressions of the voting stamp 
in one voting square, or a cross (X) made partly 
within and partly without a voting square or space 
shall not make such ballot void. Any name written 
upon a ballot shall be counted for such name for 
the office under which it is written, provided it is 
written in the blank space therefor, whether or not 
a cross (X) is stamped or made with pen or pencil, 
in the voting square after the name so written. 

2. Tf a voter marks more names than there are 
persons to be elected to an office, or if, for any 
reason, it is impossible to determine the voter’s 


POLITICAL CODE 153 

choice for any office to be filled, his ballot shall not 
be counted for such office. 

3. If a voter stamps in the voting square after 
the name of any candidate and also writes the name 
of a person for such office in the blank space, vsuch 
act does not invalidate his ballot, but his vote shall 
not be counted for any person for that office, but 
as to all other offices the ballot must be counted for 
the candidates opposite whose names the ballot is 
stamped in the voting squares. 

4. No mark upon a ballot which is unauthorized 
by this act shall be held to invalidate such ballot, 
unless it shall appear that such mark was placed 
thereon by the voter for the purpose of identifying 
such ballot. [Amendment approved April 28, 1915.] 

108 Cal. 108; 120 Cal. 653; 127 Cal. 56; 136 
Cal. 269, 272, 672; 142 Cal. 372; 143 Cal. 
470 (subd. 4) 142 Cal. 600; 11 Cal. App. 
586, 587. 

Time Allowed for Voting. 

1212. Any person entitled to vote at a general 
election held within this State shall, on the day of 
such election, be entitled to absent himself from any 
service or employment in which he is then engaged 
or employed, for the period of two consecutive hours 
between the time of opening and the time of clos¬ 
ing the polls; and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor 
shall any deduction be made on account of such 
absence from his usual salary or wages. 

Certificate of Nomination, Fraudulent Making of. 

1213. No person shall falsely make or fraudu¬ 
lently deface or destroy any certificate of nomina¬ 
tion, or any part thereof, or file any certificate of 
nomination, knowing the same, or any part thereof, 
to be falsely made, or suppress any certificate of 
nomination which has been duly filed or any part 
thereof, or to make, use, keep or furnish to others, 
except as in this Code so directed, any paper water- 


154 


POLITICAL CODE 


mark in imitation of ballot paper, or disclose the 
same to any person not engaged in making, printing 
or distributing of ballot paper or ballots. 

Destroying or Removing Supplies. 

1214. No person shall, during an election, remove 
or destroy any of the supplies or other conveniences 
placed in the voting booths or compartments, as 
provided in this Code, for the purpose of enabling 
the voter to prepare his ballot. No person shall, 
during an election, remove, tear down, or deface the 
cards printed for the instruction of voters. 

Secrecy to Be Preserved. 

1215. No officer of election shall disclose to any 
person the name of any candidate for whom 
any elector has voted. No officer of election, nor 
any person, shall do any electioneering on election 
day within one hundred feet of any polling place. 
Unless otherwise provided by law no person shall 
remove any ballot from any polling place before 
the closing of the poll. Unless otherwise provided 
by law no person shall apply for or receive any 
ballot at any election precinct other than that in 
which he is entitled to vote. No person shall show 
his ballot after it is marked to any person in such a 
way as to reveal the contents thereof, or the name 
or names of the candidate or candidates for whom 
he has marked his ballot; nor shall any person, 
except a member of the Board of Election, receive 
from any voter a ballot prepared by such voter, or . 
examine such ballot, or solicit the voter to show 
the same. No person shall ask another at 

a. polling place for whom he intends to vote. Unless 
otherwise provided by law no voter shall receive a 
ballot from any other person than one of the elec¬ 
tion officers; nor shall any other person than an 
election officer, or other officer authorized by law 
so to do deliver a ballot to such voter. No voter 
shall deliver to the Board of Election, o* to any 
member thereof, any ballot other than the one he 


POLITICAL CODE 


155 


has received from the election officer or other of¬ 
ficer duly authorized by law to furnish him with 
such ballot. No voter shall place any mark upon 
his ballot by which it may be afterwards identified 
as the one voted by him. No person shall solicit 
a vote or speak to a voter on the subject of mark¬ 
ing his ticket within one hundred feet of the polling 
place. 

108 Cal. 108; 120 Cal. 653; 127 Cal. 56; 134 
Cal. 152; 136 Cal. 269, 270, 271, 276; 138 
Cal. 20; 141 Cal. 415; 142 Cal. 503. 

Registrar of Voters and Board of Election Commis¬ 
sioners. 

1216. In all counties, and cities and counties, in 
this State, having a Registrar of Voters'and a Board 
of Election Commissioners, the powers conferred and 
the duties imposed by this Code upon the County 
Clerks and other officers, in relation to matters of 
election and polling places, shall be exercised and 
performed by such Registrar of Voters and Board 
of Election Commissioners, and all certificates of 
nomination, nomination papers, or election papers, 
required by this Code, or by law to be filed with or 
presented to the County Clerk shall be filed with 
or presented to the Registrar of Voters; and the 
deputies or clerks in the office of the registrar of 
voters or the election commission shall have all the 
powers of the deputies of the county clerk in mat¬ 
ters relating to elections; provided, however, that 
in all counties and cities and counties in this state 
having a registrar of voters, but no board of elec¬ 
tion commissioners, other than the board of super¬ 
visors acting as such ex officio, the powers and 
duties imposed by this code or the laws of this state 
upon county clerks in relation to matters of elec¬ 
tion and polling places, shall be exercised and per¬ 
formed by such registrar of voters, and all certifi¬ 
cates of nomination, nomination papers and elec¬ 
tion papers required by this code or by law to be 
filed with or presented to the county clerk shall 
be filed with or presented to the registrar of voters 


156 


POLITICAL CODE 


and the deputies or clerks in the office of registrar 
of voters shall have all the powers of the deputies 
of the county clerk in matters relating to elections. 
[Amendment approved June 9, 1915.] 

97 Cal. 84; 111 Cal. 305. 

VOTING AND CHALLENGES. 

Voting, When May Commence. 

1224. Voting may commence as soon as the polls 
are opened, and may be continued during all the 
time the polls remain open. 

(Sections 1225, 1226, 1227 and 1228, relating to the 
manner of voting, were repealed by implication be¬ 
cause of the acts subsequently passed amending 
section 1205 of the Political Code. See Dillon v. 
Bicknell, 116 Cal. Ill, 114.) 

List of Voters. 

1229. Each clerk must keep a list of persons vot¬ 
ing, and the name of each person who votes must 
be entered thereon and numbered in the order of 
voting. 

Grounds of Challenge. 

1230. A person offering to vote may be orally 
challenged by any elector of the county upon either 
or all of the following grounds: 

1. That he or she is not the person whose name 
appears on the register. 

2. That he or she has not resided within the State 
one year next preceding the election. 

3. That he or she has not been a naturalized citi¬ 
zen of the United States for ninety days prior to 
the election. 

4. That he or she has not resided within the 
county for ninety days preceding the election. 

5. That he or she has not resided within the pre¬ 
cinct for thirty days next preceding the election. 

6. That he or she has before voted that day. 

7. That he or she has been convicted of an in¬ 
famous crime. 


POLITICAL CODE 


157 


8. That he or she has been convicted of the em¬ 
bezzlement or misappropriation of public money. 

9. That he or she cannot read as required by the 
Constitution, and does not appear by statement in 
the affidavit of registration to be entitled to vote 
notwithstanding such inability. 

When Identity Is Challenged. 

1231. If the challenge is on the ground that he is 
not the person whose name appears on the Great 
Register, the Inspector must tender him the follow¬ 
ing oath: 

“You do swear (or affirm) that you are the per¬ 
son whose name is entered on the Great Register. ” 

When Residence in the State Is Challenged. 

1232. If the challenge is on the ground that he. 
has not resided in the State for one year next pre¬ 
ceding the election, the person challenged must be 
sworn to answer questions, and after he is sworn 
the following questions must be propounded to him 
by the Inspector: 

1. Have you resided in this State for one year 
immediately preceding this election? 

2. Have you been absent from this State within 
one year immediately preceding this election? If 
yes, then, 

3. When you left, did you leave for a temporary 
purpose, with the design of returning, or for the 
purpose of remaining away? 

4. Did you, while absent, regard this State as 
your home? 

5. Did you, while absent, vote in any other State? 

And such other questions as may be necessary to 

a determination of the challenge. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

When Residence in Precinct Is Challenged. 

1233. If the challenge is on the ground that he 
has not resided in the county for ninety days, or 
precinct for thirty days next preceding the election, 
the person challenged must be sworn to answer 


158 


POLITICAL CODE 


questions, and after he is sworn, the following ques¬ 
tions must be propounded to him by the Inspector: 

1. When did you last come into this county or 
election precinct? 

2. When you came into this county or precinct, 
did you come for a temporary purpose merely, or 
for the purpose of making it your home? 

3. Did you come into this county or precinct for 
the purpose of voting here? 

And such other questions as may be necessary 
to a determination of the challenge. 

Challenge for Having Voted Before. 

1234. If the challenge is on the ground that the 
person challenged has before voted that day, the 
Inspector must tender to the person challenged this 
oath: 

“You do swear (or affirm) that you have not 
before voted this day . >f 

75 Cal. 628. 

Challenge on Ground of Conviction of Crime, or 

Person Cannot Read. 

1235. If the challenge is on the ground that the 
person challenged has been convicted of an in¬ 
famous crime, or that he or she has been convicted 
of the embezzlement or misappropriation of public 
money, he or she must not be questioned, but the 
fact may be proved by the production of an authen¬ 
ticated copy of the record, or by the oral testimony 
of two witnesses. 

If the challenge is on the ground that 
the person challenged cannot read as required 
by the Constitution, and it does not appear by the 
statement in the affidavit of registration that said 
person is entitled to vote notwithstanding such in¬ 
ability, the challenge shall be determined by the 
board by the inspection of the said affidavit, and 
by requiring the person offering to vote (if it does 
not appear from said affidavit that the person is en¬ 
titled to vote notwithstanding such iuability) te 



POLITICAL CODE 


159 


read any consecutive one hundred words of the 
constitution of the state selected by the judges. 

Certain Challenges, How Determined. 

1236. Challenges upon the grounds either: 

1. That the person challenged is not the person 
whose name appears on the Great Register; 

2. That the party has before voted on that day;— 
are determined in favor of the party challenged by 
his taking the oath tendered. 

2 Cal. App. 105. 

Other Challenges, How Determined. 

1237. If the challenge is on the ground that the 
person challenged is not the person whose name ap¬ 
pears on the Great Register, he must take the oath 
tendered by the Board. Challenges for causes other 
than those specified in the preceding section must 
be tried and determined by the Board of Election 
at the time of the challenge. 

Refusal to Be Sworn. 

1238. If any person challenged refuses to take the 
oaths tendered, or refuses to be sworn and to answer 
the questions touching the matter of residence, he 
must not be allowed to vote. 

Determining the Place of Residence. 

1239. The Board of Election, in determining the 
place of residence of any person, must be governed 
by the following rules, as far as they are applicable: 

1. That place must be considered and held to be 
the residence of a person in which his habitation is 
fixed, and to which, whenever he is absent, he has 
the intention of returning; 

2. A person must not be held to have gained or 
lost residence by reason of his presence or absence 
from a place while employed in the service of the 
United States, or of this State, nor while engaged 
rn navigation, nor while a student at any institu¬ 
tion of learning, nor while kept in an almshouse, 
asylum, or prison; 


160 


POLITICAL CODE 


3. A person must not be considered to have lost 
his residence who leaves his home to go into another 
State, or precinct in this State, for temporary pur¬ 
poses merely, with the intention of returning; 

4. A person must not be considered to have 
gained a residence in any precinct into which he 
comes for temporary purposes merely, without the 
intention of making such precinct his home. 

5. If a person remove to another State with the 
intention of making it his residence, he loses his 
residence in this State; 

6. If a person remove to another State with the 
intention of remaining there for an indefinite time, 
and as a place Of present residence, he loses his 
residence in this State, notwithstanding he enter¬ 
tains an intention of returning at some future 
period; 

7. The place where a man’s family resides must 
be held to be his residence, but if it be a place for 
temporary establishment for his family, or for tran¬ 
sient objects, it is otherwise; 

8. If a man have a family fixed in one place, and 
he does business in another, the former must be 
considered his place of residence; provided that 
any man having a family, and who has taken up 
his abode with the intention of remaining, and 
whose family does not so reside with him, must be 
regarded as a resident where he has so taken up 
his abode; 

9. The residence of the husband is the residence 
of the wife except in the case mentioned in the 
proviso in subdivision eight hereof; 

10. The mere intention to acquire a new residence, 
without the fact of removal, avails nothing, neither 
does the fact of removal, without the intention. 
[Amendment approved May 11, 1917.] 

83 Cal. 80; 120 Cab 638; (subd. 4) 145 Cal. 

328; (subd. 9) 145 Cal. 328, 691. 



POLITICAL CODE 


161 


Term of Residence, How Computed. 

1240. The term of residence must be computed bj 
ineluding the day on which the person’s residence 
commenced, and by excluding the day of the elec¬ 
tion. 

Rules Must Be Read, If Requested. 

1241. Before administering an oath to a person 
touching his place of residence, the Inspector must, 
if requested by any person, read to the person chal¬ 
lenged the rules prescribed by sections twelve 
hundred and thirty-eight and twelve hundred and 
thirty-nine. 

14 App. 785. 

List of Challenges. 

1243. The Board must cause one of the clerks to 
keep a list, showing: 

1. The names of all persons challenged. 

2. The grounds of such challenges. 

3. The determination of the Board upon the chal¬ 
lenge. 

CANVASSING AND RETURNING THE VOTE. 
Canvassing the Vote. 

1252. As soon as the polls are finally closed the 
Judges must immediately proceed to canvass the 
votes given at such election. The canvass must be 
public, in the presence of bystanders, and must be 
continued without adjournment until completed and 
the result thereof is declared. 

Ill Cal. 421. 

Action on Ballots Found Folded Together. 

1254. If two or more separate ballots are found so 
folded together as to present the appearance of a 
single ballot, they must be laid aside until the count 
of the ballots is completed; then, if upon compari¬ 
son of the count with the number of names of 
electors on the lists which have been kept by the 


162 


POLITICAL CODE 


elerks, it appears that the two ballots thus folded 
together were cast by one elector, they must be 
rejected. 

Number of Ballots—How Made to Agree With 

Names on List. 

1255. The ballots must be immediately replaced 
in the box, and if the ballots in the box exceed in 
number the names on the lists, one of the Judges 
must publicly, and without looking into the box, 
draw out therefrom singly, and destroy, unopened, 
a number of ballots equal to such excess; and the 
Board of Election must make a record, upon the poll 
list of the number of ballots so drawn and de¬ 
stroyed. 

Lists to Be Signed, How. 

1256. The number of ballots agreeing or being 
thus made to agree with the number of names on 
the lists, the lists must be signed by the members of 
the Board and attested by the Clerks, and the num¬ 
ber of names thereon must be set down in words 
and figures at the foot of each list, and over the 
signatures of the Judges and the attestation of the 
Clerks, substantially in the form prescribed in sec¬ 
tion eleven hundred and seventy-four. 

Ballots—How Counted. 

1257. After the lists are thus signed, the Board 
must proceed to open the ballots and count and 
ascertain the number of votes cast for each person 
voted for. At all elections where a general ticket 
and a municipal ticket are used, the canvass of the 
general ticket shall be completed before the canvass 
of the municipal ticket is commenced. All ballots 
rejected for illegality must be indorsed upon the 
ballot the cause of such rejection, and signed by a 
majority of the Election Board, and thereafter 
strung upon a string. 

11 Cal. App. 585; 14 App. 670, 671, 672. 


POLITICAL CODE 


163 


Records—How Kept. 

1258. Each Clerk must write down each office t© 
be filled, and the name of each person marked in 
each ballot as voted for, to fill such office, and keep 
the number of votes by tallies, as they are read 
aloud. Such tallies must be made with pen and 
ink as the name of each candidate voted for is 
read aloud from the respective ballot, and imme¬ 
diately upon the completion of the tallies the Clerks 
who respectively complete the same must draw twe 
heavy lines in ink from the last tally mark to the 
end of the line in which such tallies terminate, and 
also write the initials of the person making the last 
tally in such line. The ballot so read and the tally 
sheet so kept must, during the reading and tallying, 
be within the clear view of watchers at the count. 

136 Cal. 400. 

Ballots—How Disposed of. 

1259. The ballot, as soon as the names marked on 
it as voted for are read and verified, must be strung 
on a string by one of the Judges, and must not 
thereafter be examined by any person, but must, 
as soon as all are counted, be carefully sealed in a 
strong envelope, each member of the Board writing 
his name across the seal. 

67 Cal. 306; 97 Cal. 86, 111; 146 Cal. 328; 1 
Cal. App. 303. 


Returns. 

1260. As soon as all the votes are counted and the 
tickets sealed up, lists must be attached to the tally 
lists containing the names of persons voted for and 
for what office, and the number of votes given for 
each candidate, the number being written at full 
length, and such lists must be signed by the mem¬ 
bers of the Board and attested by the Clerks, sub¬ 
stantially in the form in section eleven hundred and 
seventy-four given. 

1 Cal. App. 126, 128. 


164 


POLITICAL CODE 


Papers to Be Sealed Up, and Result of Vote to Be 

Sent to County Clerk. 

1261. The Board must, before it adjourns, inclose 
in a cover, and seal up and direct to the County 
Clerk, the copy of the register upon which one of 
the Judges marked the word “voted’’ as the bal¬ 
lots were received, all certificates of registration 
received by it, one of the lists of the persons chal¬ 
lenged, one copy of the list of voters, and one of 
the tally lists and list attached thereto. The Board 
must also, before it adjourns, post conspicuously, on 
the outside of the polling place, a copy of the re¬ 
sult of the votes cast at such polling place; such 
copy of the result must be signed by the members 
of the Board, and attested by the Clerks. The 
Board must also immediately transmit unsealed to 
the County Clerk a copy of the result of the votes 
cast at such polling place, which copy must be 
signed by the members of the Board, and which 
copy shall be open to the inspection of the public. 
It shall be a misdemeanor for any person to remove 
or deface such posted copy of the result or to delay 
or change the copy to be delivered to the County 
Clerk. 

132 Cal. 284; 143 Cal. 337; 155 Cal. 296; 1 
Cal. App. 127, 128; 7 Cal. App. 402, 403. 

Certain Lists Kept Open to Inspection. 

1262..The other list of voters, tally list, and list 
attached thereto must be sent to the county clerk 
or registrar and retained by him open to inspection 
of all electors for at least six months. 

132 Cal. 284; 1 Cal. App. 128. 

Returns to Be Delivered to One Member of Board. 

1263. The sealed packages containing the register, 
lists, papers, and ballots, must, before the Board 
adjourns, be delivered to one of its number, to b« 
determined by lot, unless otherwise agreed upon. 

132 Cal. 284; 1 Cal. App. 127, 128. 



POLITICAL CODE 


1G5 


Returns Must Be Delivered to County Clerk. 

1264. The member to whom such packages are de 
livered, must, without delay, deliver such packages 
without their having been opened, to the County 
Clerk, nearest postmaster, or sworn express agent, 
who shall endorse on such packages the name of the 
party delivering them, and date of such delivery. If 
delivered to a postmaster or express agent, such 
postmaster or express agent shall forward the pack¬ 
ages by the first mail or express to the county seat. 
In the City and County of San Francisco, such 
packages must be delivered to the Registrar of 
Voters within three hours from the time of adjourn¬ 
ment of the Board, which time of adjournment must 
be endorsed upon such package, and upon each poll 
list, in ink, and signed by a majority of the mem 
bers of such Board. In the City and County of 
San Francisco the packages must be put up and 
sealed in the following manner, by an Inspector, 
and at least three other members of the Board, and 
be signed with their respective signatures across 
(flap) the same written. 

One package to contain the voted ballots only; 
one package to contain one poll and tally list only; 
one package to contain the precinct registers, index 
to register, list of voters challenged, and list of as 
sisted voters; and one package to contain the un 
used ballots. 

143 Cal. 471; 1 Cal. App. 128, 303; 7 Cal 
App. 403. 

Roster of Voters, How Delivered and Kept. 

1264a. The Board of Election must before it ad¬ 
journs, enclose in a cover and seal up and direct 
to the County Clerk or to the Registrar of Voters, 
in counties or cities and counties in this State hav 
ing a Registrar of Voters, the roster of voters and 
such sealed package containing such roster of voters 
must be delivered to that one of its members who 
has been selected to deliver the other sealed pack 
ages required by law. This member must, without 


166 


POLITICAL CODE 


delay, deliver the package containing the roster of 
voters without its having been opened in the same 
manner and to the same persons and officials as he 
is required by law to deliver the other sealed pack¬ 
ages entrusted to him by said board. All rosters 
of voters must be kept in the office of the County 
Clerk or in the office of the Registrar of Voters in 
counties and cities and counties having a Registrar 
of Voters, as a public record, for a period of one 
year and when received by such County Clerk or 
Registrar of Voters, all packages containing such 
rosters of voters shall be unsealed, and such ros¬ 
ters of voters shall at all times be open to the 
inspection of any citizen. The provisions of this 
section shall apply to all rosters of voters whether 
used at elections or primary elections. 

Clerk to Keep Ballots Unopened for Twelve Months. 

1265. On receipt of the packages the Clerk must 
file the one containing ballots, and must keep it 
unopened and unaltered for twelve months, after 
which time, if there is not a contest commenced in 
some tribunal having jurisdiction about such elec¬ 
tion, he must burn the package without opening or 
examining its contents; provided, however, that 
after the time limited for a contest, and in the 
event any contests have been commenced, then after 
said ballots have been opened and counted by the 
Superior Court in said contests, a Judge of the 
Superior Court of the county wherein said ballots 
were voted may order said packages to be opened 
for inspection in any case being tried in his court 
where he has jurisdiction of the same, whenever he 
shall deem it necessary to inspect the ballots con¬ 
tained in said packages in order to produce testi¬ 
mony to establish the proof of any material issue of 
fact arising in the course of the trial of said case. 
In no event shall the said packages, or any of 
them, or the ballots contained therein, be taken 
from the custody of the County Clerk. Whenever 
said packages, or any of them, shall have been in- 


POLITICAL CODE 


167 


spected and examined, and a record made of the 
testimony therein contained, the same shall be re¬ 
stored to the exclusive control and custody of the 
County Clerk, who shall reseal the packages with 
the ballots contained therein, and keep the same 
until he shall burn them, in accordance with the 
direction of this section; provided, further, that if 
in any Congressional district within this State there 
has been or shall be filed a contest of the election 
of any person declared to have been elected a 
member of Congress, and the County Clerk or 
Registrar of Voters in any county or city and 
county be notified by the contestant, that such 
Congressional election contest is pending then and 
in that case such County Clerk or Registrar of 
Voters shall not destroy the ballots in that county 
or city and county, or in the part or portion thereof 
within such Congressional district in which such 
contest is pending, until the final determination of 
such contest before the House of Representatives of 
the Congress of the United States; and such 
County Clerk or Registrar of Voters shall hold such 
ballots in his ciistody subject to the inspection of 
any committee of the House of Representatives or 
sub-committee thereof, having in charge the investi¬ 
gation of such contest, and shall produce such bal¬ 
lots for examination before any such committee of 
the House of Representatives or sub-committee or 
before any Commissioner designated by such Con¬ 
gressional committee or sub-committee or before 
any officer designated by act of Congress and duly 
selected to take depositions and proof in any such 
contest of the election of any person to Congress. 

80 Cal. 361; 97 Cal. 86; 143 Cal. 341, 471; 1 
Cal. App. 303. 

Ballots, When May Be Destroyed. 

1266. If within twelve months there is such a 
contest commenced, he must keep the package un¬ 
opened and unaltered until it is finally determined, 
when he must, as provided in the preceding sections, 
destroy it, unless such package is, by virtue of an 


168 


POLITICAL CODE 


order of tribunal in which the contest is pending, 
brought and opened before it, to the end that evi¬ 
dence may be had of its contents, in which event 
the package and contents are in the custody of such 
tribunal. 

67 Cal. 306; 80 Cal. 361; 97 Cal. 86. 

Returns to Be Delivered to Board of Supervisors. 

1267. The other package the Clerk must produce 
before the Board of Supervisors when it is in ses¬ 
sion for the purpose of canvassing returns. 

Copy of Register to Be Filed. 

1268. As soon as the returns are canvassed the 
Clerk must take the copy of the register returned 
and file it in his office. 

Ill Cal. 131; 132 Cal. 284; 1 Cal. App. 127. 

CANVASS OF RETURNS—DECLARATION OF 
RESULT, ETC. 

Meeting of Board to Canvass Returns. 

1278. The Board of Supervisors of each county 
must meet at their usual place of meeting, on the 
first Monday after each election, to canvass the re¬ 
turns. 

52 Cal. 9, 21; 111 Cal. 131; 132 Cal. 284; 1 
Cal. App. 126, 128. 

When May Not Proceed. 

1280. If at the time of meeting, the returns from 
each precinct in* the county in which polls were 
opened have been received, the Board must then 
and there proceed to canvass the returns; but if all 
the returns have not been received the canvass 
must be postponed from day to day until all of the 
returns are received, or until six postponements have 
been had. In any county or city and county where 
the number of election precincts in said county 
or city and county exceed five hundred, said board 
may appoint several sets of clerks to perform the 


POLITICAL CODE 


169 


clerical work of the canvass and to assist in can¬ 
vassing said returns; and said several sets of clerks 
so appointed may, under the order and direction 
of said board, do and perform such work in the can¬ 
vassing of such returns simultaneously. Said can¬ 
vass may be made at such place in the county or 
city and county as the board may by order entered 
in its minutes designate and declare to be a neces- 
sity; provided, that where it shall be made at a 
place other than the usual place of meeting of 
such board, the place shall be open to the public 
and the canvass must be made in public, and the 
said board shall cause public notice to be posted 
at the' usual place of meeting of said board in a 
conspicuous place for at least three (3) days before 
the time for making such canvass, and during all 
the time while such canvass is being made, which 
notice shall state clearly and fully the designation 
and description of the place where such canvass will 
be made and conducted. 

52 Cal. 9, 21; 111 Cal. 131; 132 Cal. 284; 7 
Cal. App. 402. 

Canvass, How Made. 

1281. The canvass must be made in public, and 
by opening the returns and estimating the vote of 
such county or township for each person voted for, 
and for and against each proposition voted upon at 
such election, and declaring the result thereof; and 
such count must be continued daily, Sundays and 
holidays excepted, and for not less than six (6) 
hours each and everv day until completed. 

52 Cal. 4, 9, 21; 111 Cal. 131; 141 Cal. 561; 7 
Cal. App. 402. 

Completion and Correction of Election Returns. 

1281a. If it shall appear that the returns from 
any precinct or precincts are incomplete, or ambigu¬ 
ous, or are not properly authenticated, or are other¬ 
wise defective, the board of supervisors, or can¬ 
vassing board, or election commission may cause 
subpoenas to be issued and served, requiring the at- 


170 


POLITICAL CODE 


tendance before it of the election officers of such 
precinct or precincts, and upon the appearance be¬ 
fore it of the election officers or three-fourths of 
them from any such precinct or precincts, may ex¬ 
amine such election officers under oath concerning 
the manner in which the votes were counted in such 
precinct at such election, and the result of such 
count, and may require such election officers then 
and there to correct or complete such returns or the 
authentication thereof so that they shall truly show 
the votes that were cast in said precinct at such 
election for each candidate voted for and for or 
against each proposition voted upon thereat. Noth¬ 
ing herein shall be construed to authorize the open¬ 
ing of ballots except as provided by law.. 

Statement of Result. 

1282. The Clerk of the Board must, as soon as the 
result is declared, enter on the records of such 
Board a statement of such result, which statement 
must show: 

1. The whole number of votes cast in the county; 

2. The names of the persons voted for, and the 
propositions voted upon; 

3. The office to fill which each person was voted 
for; 

4. The number of votes given at each precinct to 
each of such persons, and for and against each of 
such propositions; 

5. The number of votes given in the county to 
each of such persons, and for and against each of 
such propositions voted upon; 

6. Provided, however, that when it appears that 
the total number of votes cast for any person to 
fill an office to be filled by the votes of a single 
county, or subdivision thereof, amounts to less than 
one per cent of the total number of votes cast for 
such office, then in that event no record shall be 
kept of the vote cast for any such person, but all 
of the votes cast for all of such persons for such 
office shall be totaled, and such total shall be en- 


POLITICAL CODE 


171 


tered in the statement of the number of votes cast 
for the several candidates for such office, opposite 
the word ‘ ‘ scattering. ’ ’ [Amendment approved 
May 27, 1915.] 

52 Cal. 9, 21; 111 Cal. 130; 132 Cal. 285; 155 
Cal. 298; 2 Cal. App. 105. 

Board Must Declare Result. 

1283. The Board must declare elected the per¬ 
son having the highest number of votes given for 
each office to be filled by the votes of a single 
county or subdivision thereof. 

85 Cal. 512; 148 Cal. 16. 

Certificates of Election. 

1284. The County Clerk must immediately make 
out and deliver to each of such persons voted for 
only in that county (except to those persons elected 
to the office of Representative in Congress, mem¬ 
bers of State Board of Equalization, Superior Judge, 

.State Senator or Assemblyman), a certificate of 
election, signed by him, and duly authenticated. 
[Amendment approved May 26, 1915.] 

85 Cal. 512; 127 Cal. 350; 148 Cal. 16; 1 Cal. 
App. 128. 

Duty of County Clerk With Respect to State Re¬ 
turns. 

1288. When there has been a general or special 
election for officers chosen by the electors of the 
State at large, or for judicial officers (except 
Justices of the Peace), or for members of the State 
Board of Equalization, or for Representatives in 
Congress, or for Senators and members of the 
Assembly, each County Clerk, so soon as the state¬ 
ment of the vote of his county is made out and 
entered upon the records of the Board of Supervis¬ 
ors, must make out a certified abstract of so much 
thereof as relates to the votes given or cast for per¬ 
sons for said offices to be filled at such election, to¬ 
gether with a statement of the whole number of 


172 


POLITICAL CODE 


votes cast in the county as specified in section 
twelve eighty-two. Whenever there is a general 
or special election held within this State, and any 
proposed Constitutional amendment or proposition 
to be voted for by the electors of the State at 
large, each County Clerk, so soon as the statement 
of the vote is made out and entered upon the record 
of the Board of Supervisors, must make out a certi¬ 
fied abstract of such vote. [Amendment approved 
April 28, 1915.] 

52 Cal. 5, 6, 7, 22, 25. 

How Transmitted. 

1289. The Clerk must seal up such abstract, in¬ 
dorse it “Election Returns,” and without delay 
transmit it by mail or express to the Secretary of 
State. 

52 Cal. 22. 

Duty of Secretary of State. 

1290. On the fortieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from all the counties of the State, if received within 
that time (except in this Code otherwise provided), 
the Secretary of State must compare and estimate 
the vote, and make out and file in his office a state¬ 
ment thereof, and transmit a copy of such state¬ 
ment to the Governor, except in the cases of Sena¬ 
tors and members of the Assembly, in which cases, 
within said time, the Secretary of State shall make 
out and deliver, or transmit by mail, to the person 
elected a certificate of election. [Amendment ap¬ 
proved April 28, 1915.] 

85 Cal. 512. 

Governor Must Issue Commissions. 

1291. Upon receipt of such copy, the Governor 
must issue commissions to the persons who from it 
appear to have received the highest number of 
votes for offices, except that of Governor or Lieu¬ 
tenant-Governor, to be filled at such election. 

85 Cal. 512; 138 Cal. 36. 


POLITICAL CODE 


173 


Returns of Election of Governor and Lieutenant- 
Governor. 

1292. When an election has been held to fill the 
office of Governor or Lieutenant-Governor, the Clerk 
of each county, in addition to the abstract made 
for transmission to the Secretary of State, must, 
as soon as the statement of the vote of his county 
is made out and entered upon the records of the 
Board of Supervisors, make two certified abstracts 
of so much thereof as relates to the vote given for 
such officers. 

Returns of Election of Governor, Etc. 

1293. The Clerk must seal up each abstract sep¬ 
arately, and indorse thereon “ Election Returns for 
Governor and Lieutenant-Governor. ’ ’ 

Duty of Clerk. 

1294. He must at once direct one copy to “The 
Speaker of the Assembly next to meet,” address it 
to Sacramento, California, care of the Secretary of 
State, and deposit it, postpaid, in the Post Office. 
[Amendment approved April 28, 1915.] 

Duty of Clerk. 

1295. The other copy he must direct and address 
in the same manner, and at once deliver it to a 
member elect of the Legislature, or to a Senator 
who holds over; and the person to whom it is so 
delivered must deliver it to the Speaker on or before 
the second day next after his election. 

Canvass of Returns. 

1296. The returns of election for Governor and 
Lieutenant-Governor must, during the first week of 
the session, be opened, canvassed, and the result de¬ 
clared by the Speaker of the Assembly in the pres¬ 
ence of both houses. 

Defects to Be Overlooked. 

1297. No declaration of the result, commission, or 
certificate must be withheld on account of any de- 


174 


POLITICAL CODE 


feet or informality in the return of any election, if 
it can with reasonable certainty be ascertained from 
such return what office is intended and who is 
elected thereto. 

ELECTION OF ELECTORS FOR PRESIDENT 
AND VICE-PRESIDENT. 

Electors for President and Vice-President, When 

Chosen. 

1307. At the general election in each bissextile 
or leap year, unless by the laws of the United States 
another time is fixed, and then, at such time, there 
must be chosen by the qualified voters of the State, 
as many Electors of President and Vice-President 
of the United States as the State is then entitled to. 

Returns, How Made. 

1308. The Clerk of each county, as soon as the 
statement of the vote of his eounty at such election 
is made out and entered on the records of the 
Board of Supervisors, must make a certified ab¬ 
stract of so much thereof as relates to the vote 
given for persons for Electors of President and 
Vice-President of the United States. 

How Transmitted. 

1309. The Clerk must seal up such abstract, in¬ 
dorse it “Presidential Election Returns,” and with¬ 
out delay transmit it to the Secretary of State by 
mail or express or in the manner hereinafter pre¬ 
scribed. 

May Employ Messenger to Deliver Returns. 

1310. If the County Clerk of any county has rea¬ 
son to believe that the abstract will not, in the 
due course of mail, reach the Secretary of State 
before the time fixed by law for canvassing the re¬ 
turns of such election, he may, with the approval 
of the Superior Judge, employ a person to convey 
and deliver such abstract to the Secretary of State. 


POLITICAL CODE 


175 


Affidavit to Be Made When Messenger Necessary. 

1311. In the event provided for in the preceding 
section, the Clerk must make an affidavit, setting 
forth the reasons for his belief, and the name of 
the person employed by him, which affidavit, with 
the approval of the Superior Judge indorsed thereon, 
must be given to the person appointed, and by him, 
with the abstract, must be delivered to the Secre¬ 
tary of State. 

Compensation of Messenger. 

1312. The person appointed by the Clerk, after he 
delivers the abstract and statement, is entitled to 
receive as compensation mileage at the rate of 
thirty cents a mile from the county seat to the seat 
of government. His account therefor, certified by 
the Secretary of State, must be audited by the Con¬ 
troller and paid out of the General Fund in the 
State Treasury. 

Duty of Secretary of State. 

1313. On the last Monday in the month of the 
election, or as soon as the returns have been re¬ 
ceived from all the counties in the State, if re¬ 
ceived before that time, the Secretary of State 
must compare and estimate the votes given for 
Electors, and certify to the Governor the names of 
the proper number of persons having the highest 
number of votes. 

Governor to Issue Certificate of Election. 

1314. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a cer¬ 
tificate of election, and on or before the day of 
their meeting deliver to the Electors a list of the 
names of Electors, and must do all other things 
required of him in the premises by any Act of 
Congress in force at the time. 

When Electors Must Assemble. 

1315. The Electors chosen must assemble at the 
seat of government on the second Monday in Jann- 


176 


POLITICAL CODE 


ary next following their election, at two o’clock in 
the afternoon. 

Vacancies, How Filled. 

1316. In case of the death or absence of any 
Elector chosen, or in case the number of Electors 
from any cause be deficient, the Electors then pres¬ 
ent must elect, from the citizens of the State, so 
many persons as will supply such deficiency. 

Electors Must Vote, How. 

1317. The Electors, when convened, must vote by 
ballot for one person for President and one person 
for Vice-President of the United States, one of 
whom, at least, is not an inhabitant of this State. 

Separate Ballots for President and Vice-President. 

1318. They must name in their ballots the persons 
voted for as President, and in distinct ballots the 
persons voted for as Vice-President. 

Must Make Lists. 

1319. They must make distinct lists of all per¬ 
sons voted for as President, and of all persons voted 
for as Vice-President, and of the number of votes 
given for each. 

Must Certify, Seal Up and Transmit Lists. 

1320. They must certify, seal up, and transmit by 
mail such lists to the seat of government of the 
United States, directed to the President of the 
Senate. 

Compensation of Electors. 

1321. Presidential electors shall receive a com¬ 
pensation of ten dollars for their services as such 
elector, and mileage at the rate of ten cents per 
mile for each mile of travel from their domicile to 
the state capitol and return. 


POLITICAL CODE 


177 


Accounts, How Audited and Paid. 

1322. Their accounts therefor, certified by the 
Secretary of State, must be audited by the Con¬ 
troller, who must draw his warrants for the same 
on the Treasurer, payable out of the General Fund. 

ELECTIONS FOR MEMBERS OF CONGRESS. 
Election of Senators. 

1332. Elections for Senators in Congress for full 
terms must be held at the general election at which 
members of the legislature are elected next preced¬ 
ing the commencement of the term to be filled. 

Elections to Fill Vacancy. 

1333. Elections to -fill a vacancy in the term of 
United States Senator must be held at the general 
election or any special election held throughout the 
state next succeeding the occurrence of such va¬ 
cancy. 

Secretary of State Certify Votes to Governor. 

1336. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from all of the counties of the State, if received 
within that time, the Secretary of State must com¬ 
pare and estimate the votes given or cast for such 
persons for Senator, and certify to the Governor 
what person having the highest number of votes in 
the State as duly elected. 

Certificate of Election. 

1337. The Governor must, upon receipt of such 
certificate, transmit to such person a certificate of 
his election, sealed with the great seal and attested 
by the Secretary of State. 

Election of Representatives, When Held. 

1343. At the general election to be held in the 
year eighteen hundred and eighty, and at the gen¬ 
eral election every two years thereafter, there must 


178 


POLITICAL CODE 


be elected, for each congressional district, one Rep¬ 
resentative to the Congress of the United States. 

Duty of Secretary of State. 

1346. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from the counties of the State, comprising any one 
district, if received within that time, the Secretary 
of State must compare and estimate the votes given 
or cast for such Representatives, and certify to the 
Governor the person having the highest number of 
votes in each congressional district as duly elected. 

52 Cal. 7; 132 Cal. 285. 

Governor to Issue Certificates. 

1347. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a cer¬ 
tificate of his election, sealed with the Great Seal 
and attested by the Secretary of State. 

Military Duty. 

1897. * * * * For the purpose of facilitating 

the making of the military roll by the assessor, it 
shall be the duty of the county clerk or officer 
authorized to make a register of voters in each 
county, to require a statement of every male voter 
at the time he applies for registration, as to whether 
or not such voter is subject to and qualified for 
military duty, and such statement shall be entered 
on the voter’s affidavit of registration. * * * * 

COUNTY AND TOWNSHIP OFFICERS. 
When Elected. 

4021. All elective county and township officers, 
except otherwise provided for in this title, and by 
law, shall be elected at the general election at 
which the Governor is elected, and shall take office 
at twelve o ’clock meridian on the first Monday 
after the first day of January next succeeding their 
election. All officers elected under the provisions 


POLITICAL CODE 


179 


of this title shall hold office until their successors 
are elected or appointed and qualified. Supervisors 
shall be elected at the general election prior to ex¬ 
piration of the term of the incumbent. The Super¬ 
visors of any county created after the first day of 
July, 1907, shall, within six months after the first 
general election succeeding the creation of such 
county, classify themselves by lot into two classes, 
as nearly equal in number as possible, and the term 
of office of the class having the greater number 
shall expire in two years from such general elec¬ 
tion and the term of office of the class having the 
lesser number shall terminate in four years from 
such general election; provided, that whenever any 
county has heretofore framed and adopted a charter 
for its own government, under the provisions of sec¬ 
tion 7V2 of article XI of the constitution of this 
state, and such charter has been heretofore ap¬ 
proved by the legislature, as provided in said sec¬ 
tion of the constitution, and such charter shall pro¬ 
vide for the appointment of all or any of such county 
or township officers, then such officers first to be 
appointed under the provisions of such charter shall 
be deemed the successors of the like elective of¬ 
ficers in office at the time of the approval of such 
charter, which elective officers shall continue to 
hold office for the term for which they were elected 
and until the appointment and qualification of their 
successors under such charter; and no election for 
any such officer whose successor is so to be ap¬ 
pointed shall be had at any election held subsequent 
to the approval of such charter, except to fill a va¬ 
cancy for an unexpired term. 

Removal or Recall of Elective Officers. 

Sec. 4021a. The holder of any elective office of 
any county or any township or supervisor district 
thereof may be removed or recalled at any time 
by the electors; provided, he has held his office at 
least six months. The provisions of this section 
are intended to apply to officials now in office, as 
well as to those hereafter elected. The procedure 


180 


POLITICAL CODE 


to effect such removal or recall shall be as follows: 
A petition demanding the election of a successor 
to the person sought to be removed shall be filed 
with the county clerk, which petition shall be signed 
by registered voters equal in number to at least 
twenty per cent of the entire vote cast within such 
county for all candidates for the office which the 
incumbent sought to be removed, occupies at the 
last preceding general election at which such officer 
was voted for (or a like percentage of such vote 
within those precincts of the county embraced 
within the district, township or subdivision of the 
county entitled to vote for a successor to the officer 
named, in case of an official not elected by the 
county at large), and shall contain a statement of 
the grounds on which the removal or recall is sought, 
which statement is intended solely for the informa¬ 
tion of the electors. Any insufficiency of form or 
substance in such statement shall in no wise affect 
the validity of the election and proceedings held 
thereunder. The signatures to the petition need not all 
be appended to the one paper. Each signer shall add 
to his signature his place of residence and occupa¬ 
tion, giving street and number, where such street and 
number, or either, exist, and if no street or num¬ 
ber exist, then such a designation of the place of 
residence as will enable the location to be readily 
ascertained. Each such separate paper shall have 
attached thereto an affidavit made by a qualified 
elector of the county (or particular subdivision of 
the county, as the case may be) and sworn to 
before an officer competent to administer oaths, 
stating that the affiant circulated that particular 
paper and saw written the signature appended 
thereto; and that according to the best information 
and belief of the affiant, each is the genuine signa¬ 
ture of the person whose name purports to be 
thereunto subscribed and of a qualified elector of 
the county (or particular subdivision thereof). 
Within ten days from the date of such filing such 
petition, the clerk shall examine and from the 
records of registration ascertain whether or not 


POLITICAL CODE 


181 


said petition is signed by the requisite number of 
qualified electors, and he shall attach to said 
petition his certificate showing the result of said 
examination. If by the clerk’s certificate the peti¬ 
tion is shown to be insufficient, it may be supple¬ 
mented within ten days from the date of such certi¬ 
ficate, by the filing of additional papers, duplicates 
of the original petition except as to the names 
signed. The clerk shall, within ten days after such 
supplementing papers are filed, make like examina¬ 
tion of the supplementing petition, and if his cer¬ 
tificate shall show that all the names to such peti¬ 
tion, including the supplemental papers, are still 
insufficient, no action shall be taken thereon; but 
the petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely 
new petition to the same effect. If required by the 
clerk, the board of supervisors shall authorize him 
to employ, and shall provide for the compensation 
of, persons necessary in the examination of said 
petition and supplementing petitions, all in addi¬ 
tion to the persons regularly employed by him in 
his office. In case the clerk is the officer sought 
to be recalled, the duties herein provided to be 
performed by him, shall be performed by some 
other person designated by said board, for that 
purpose. If the petition shall be found to be suffi¬ 
cient the clerk shall submit the same to the 
board of supervisors without delay, whereupon the 
board shall forthwith cause a special election to be 
held within not less than thirty-five nor more than 
forty days after the date of the order calling such 
election, to determine whether the voters will recall 
such officer; provided, that if a general election 
is to occur within sixty days from the date of the 
order calling such election, the board may in its 
discretion postpone the holding of such election 
to such general election or submit such recall elec¬ 
tion at any such general election occurring not less 
than thirty-five days after such order. If a vacancy 
occur in said office after a recall petition is filed, 


1S2 


POLITICAL CODE 


the election shall nevertheless proceed as in this 
section provided. One petition is sufficient to pro¬ 
pose the removal and election of one or more elec¬ 
tive officials. One election is competent for the 
removal and election of one or more elective offi¬ 
cials. Nominations for any office under such recall 
election shall be made by petition in the manner 
prescribed by section 1188 of this code; except that 
no party affiliation of candidate, signer or verifi¬ 
cation deputy shall be given, nor shall the election 
as a convention delegate or participation in a pri¬ 
mary election be any bar to signing such petition. 
Upon the sample ballot there shall be printed in 
not more than two hundred words the reasons set 
forth in the recall petition for demanding the recall 
of the officer, and upon the same ballot in not 
more than two hundred words the officer may justify 
his course in office. 

There shall be printed on the recall ballot, as to 
every officer whose recall is to be voted on thereat, 
the following question: “Shall (name of person 
against whom the recall petition is filed) be recalled 
from the office of (title of the office,) ?” following 
which question shall be the words “Yes” and 
“No” on separate lines, with a blank space at the 
right of each, in which the voter shall indicate, by 
stamping a cross (X), his vote for or against such 
recall. On such ballots, under each such question, 
there shall also be printed the names of those per¬ 
sons who have been nominated in the manner pro¬ 
vided by law for the nomination of candidates for 
such office as candidates to succeed the person 
recalled, in case he shall be removed from office by 
said recall election; but no vote cast shall be 
counted for any candidate for said office unless the 
voter also voted on said question of the recall of 
the person sought to be recalled from said office. 
The name of the person against whom the petition 
is filed shall not appear on the ballot as a candi¬ 
date for the office. If a majority of those voting 
on said question of the recall of any incumbent 
from office shall vote “no,” said incumbent shall 


POLITICAL CODE 


183 


continue in office. If a majority shall vote “yes ,** 
said incumbent shall thereupon be deemed removed 
from such office, upon the qualification of his suc¬ 
cessor. The canvassers shall canvass all votes for 
candidates for said office and declare the result 
in like manner as in a regular election. If the 
vote at any such recall election shall recall the 
officer, then the candidate who has received the 
highest number of votes for the office shall be 
thereby declared elected, for the remainder of the 
term. In case the person who received the highest 
number of votes shall fail to qualify within ten 
days after receiving the certificate of election, the 
office shall be deemed vacant and shall be filled 
according to law. Where the office of registrar of 
voters exists, the duties herein imposed upon the 
county clerk shall be performed by said registrar 
of voters. 

Official Bonds. 

4022. The Board of Supervisors of each county 
shall, on or before the first Monday in September, 
preceding the election of the following officers, pre¬ 
scribe the amount in which said officers must exe¬ 
cute official bonds: Treasurer, County Clerk, Audi¬ 
tor, Sheriff, Tax Collector, District Attorney, Re¬ 
corder, Assessor, Surveyor, Superintendent of 
Schools, Public Administrator, Coroner, Justice of 
the Peace, and Constable. The Judge or Judges of 
the Superior Court shall, on or before the said first 
Monday of September, prescribe the amount in 
which eaeh member of the Board of Supervisors 
must execute an official bond before entering upon 
the discharge of the duties of his office. The bonds 
and sureties of such officers must, before the bonds 
can be recorded and filed, be approved by the Judge, 
or Judges, if there be more than one, of the Superior 
Court. All persons offered as sureties on official bonds 
may be examined on oath touching their qualifica¬ 
tions, and no person can be admitted as surety on any 
guch bond unless he is a resident and freeholder or 


184 


POLITICAL CODE 


householder within the State, and is worth in real 
or personal property, or both, situate in this State, 
the amount of his undertaking, over and above all 
sums for which he is already liable, exclusive of 
property exempt from execution and forced sale. 
All official bonds shall be recorded in the office of 
the County Recorder, and then filed and kept in 
the office of the County Clerk. The official bond of 
the County Clerk shall, after being recorded, be 
filed and kept in the office of the County Treasurer. 
The Tax Collector shall also before qualifying give 
a bond as License Collector in such sum as may be 
fixed by the Board of Supervisors, to be approved 
as provided in this section. 

Who Is Eligible to County and Local Offices. 

4023. No person is eligible to a county, district 
or township office who, at the time of his election, 
is not of the age of twenty-one years, or over, a 
citizen of the State, and an elector of the county, 
district, township, or other division, in which the 
duties of the office are to be exercised; provided, 
that no person shall hereafter be eligible to the 
office of District Attorney who has not been ad¬ 
mitted to practice in the Supreme Court of the 
State of California; and provided further, that the 
county live stock inspector shall, at the time of his 
appointment, be a duly qualified veterinary sur¬ 
geon having on file in the office of the County 
Clerk a certificate issued to him by the State Vet¬ 
erinary Medical Board. 

Appointment of Deputies. 

4024. Every county, township, or district officer, 
except a Supervisor or judicial officer, may appoint, 
as many deputies as may be necessary for the 
prompt and faithful discharge of the duties of his 
office. Such appointment must be made in writing 
and filed in the office of the County Clerk, and until 
such appointment is so made and filed, and until 
such deputy shall have taken the oath of office, no 


POLITICAL CODE 


185 


one shall be or act as such deputy. [New section 
approved March 18, 1907; in effect immediately.] 

Registers, Indexes, etc. 

4025. 1 . The county clerk must provide the orig¬ 

inal books of affidavits of registration required 
by law and printed copies of the indexes, poll lists, 
poll books, blank returns and certificates, and other 
appropriate and necessary appliances for holding 
all elections in the county. The county board of 
supervisors shall allow reasonable charges therefor, 
and for the transmission and return of the same 
to the proper officers. [Amendment approved April 
28, 1915.] 

2. The county board of supervisors shall furnish 
proclamations of election. 

General Permanent Powers of Boards of Super¬ 
visors. 

4041. The Boards of Supervisors, in their re¬ 
spective counties, shall have jurisdiction and 
power under such limitations and restrictions as are 
prescribed by law: 

* " * * * • « 

2. To divide the counties into townships, elec¬ 
tion, school, road, supervisor, sanitary, and other 
districts required by law, change the same and 
create others as convenience requires. 

3. To establish, abolish and change election pre- 
eincts, and to appoint inspectors, clerks and judges 
of election, canvass all election returns, declare the 
result, and order the County Clerk to issue certifi¬ 
cates thereof; but no election precinct shall be es¬ 
tablished or abolished, or the boundaries of any 
precinct changed, within ninety days prior to any 
election. 

****** 

19. To fill, by appointment, all vacancies that 
may occur in any office filled by the appointment of 
the Board of Supervisors and elective county or 
township officers, except in those of Judge of the 
Superior Court and Supervisor, the appointee to 


186 


POLITICAL CODE 


hold office for the unexpired term or until the 

next general election. 

ORDINANCES. 

Ordinances—How Enacted by Counties. 

Sec. 4058. Ordinances may also be enacted by 
and for any county of the state in the manner fol¬ 
lowing. Any proposed ordinance may be sub¬ 
mitted to the board of supervisors by a petition 
filed with the county clerk after being signed by 
qualified electors of the county not less in number 
to the percentages hereinafter required. The signa¬ 
tures to the petition need not all be appended to 
one paper. Each signer shall add to his signature 
his place of residence and occupation, giving street 
and number, where such street and number, or either 
exist, and if no street and number exist, then such 
a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each 
such separate paper shall have attached thereto an 
affidavit made by an elector of the county and sworn 
to before an officer competent to administer oaths, 
stating that the affiant circulated that particular 
paper and saw written the signatures appended 
thereto; and that according to the best information 
and belief of the affiant each is the genuine signa¬ 
ture of the person whose name purports to be there¬ 
unto subscribed, and of a qualified elector of the 
county. Within ten days from the date of filing 
such petition the county clerk shall examine and 
from the records of registration ascertain whether 
or not said petition is signed by the requisite num¬ 
ber of qualified electors, and he shall attach to said 
petition his certificate showing the result of said 
examination. If by the clerk’s certificate the peti¬ 
tion is shown to be insufficient, it may be supple¬ 
mented within ten days from the date of such 
certificate by the filing of additional papers dupli¬ 
cates of the original petition except as to the names 
signed. The clerk shall within ten days after such 
supplementing papers are filed, make like examina- 


POLITICAL COLE 


187 


tion of the supplementing petition, and if his cer¬ 
tificate shall show that all the names to such peti¬ 
tion, including the supplemental papers are still in¬ 
sufficient, no action on the petition shall be man¬ 
datory on the board of supervisors; but the petition 
shall remain on file as a public record, and the 
failure to secure sufficient names shall be without 
prejudice to the filing later of an entirely new peti¬ 
tion to the same or similar effect. If the petition 
shall be found to be sufficient, the clerk shall sub¬ 
mit the same to the board of supervisors at its next 
regular session. 

If the petition accompanying the proposed or¬ 
dinance be signed by electors not less in number 
than twenty per cent of the entire vote cast within 
such county for all candidates for governor of the 
state at the last preceding general election at which 
sueh a governor was voted for, and contains a 
request that sueh ordinance be submitted forth¬ 
with to a vote of the people at a special election, 
then the board of supervisors shall either: 

(a) Pass such ordinance without alteration at the 
regular session at which it is presented and within 
ten days after it is presented; or, 

(b) Forthwith the supervisors shall proceed to 
call a special election at which such ordinance, with¬ 
out alteration, shall be submitted to a vote of the 
electors of the county. 

If the petition be signed by electors not less in 
number than ten per cent of the entire vote cast 
for all candidates for governor at the last preced¬ 
ing election when such candidates for governor 
were voted for, and the ordinance petitioned for 
is not required to be, or for any reason is not, sub¬ 
mitted to the electors at a special election, and 
is not passed without change by said legislative 
body, then such ordinance, without alteration, shall 
be submitted by the board of supervisors to a vote 
of the electors at the next general election. 

The ballots used when voting upon said proposed 
ordinances shall have printed thereon the words 


188 


POLITICAL CODE 


“Shall the ordinance (stating the nature thereof) 
be adopted?” Opposite such proposition to be 
voted on, and to the right thereof, the words “Yes” 
and “No” shall be printed on separate lines, with 
noting squares. If an elector shall stamp a cross 
(X) in the voting square after the printed word 
“Yes,” his vote shall be counted in favor of the 
adoption of the ordinance, and if he shall stamp 
a cross (X) in the voting square after the printed 
word “No,” his vote shall be counted against the 
adoption of the same. 

If a majority of the qualified electors voting on 
said proposed ordinance shall vote in favor thereof, 
such ordinance shall thereupon become a valid and 
binding ordinance of the county and be considered 
as adopted upon the date that the vote is canvassed 
and declared by the board of supervisors and go 
into effect ten days thereafter. 

Such ordinance shall have the same force and 
effect as one passed by the board of supervisors ex¬ 
cept that no ordinance proposed by petition as in 
this section provided and thereafter passed either by 
the vote of the board of supervisors without sub¬ 
mission to a vote of the people or voted upon and 
adopted by the people, shall be repealed or amended 
except by a vote of the people, unless provision 
otherwise be made in the ordinance itself. 

Any number of proposed ordinances may be voted 
upon at the same election in accordance with the 
provisions of this section; provided that there shall 
not be held under this section more than one special 
election in any period of six months. 

If any measure be submitted upon an initiative 
petition of registered voters, as hereinbefore pro¬ 
vided, the persons filing said petition shall have the 
right, if they so choose, to present and file there¬ 
with a written argument in support thereof not ex¬ 
ceeding three hundred words in length, which argu¬ 
ment shall be printed upon the sample ballot issued 
for said election. Upon the same ballot shall also 
be printed any argument of not exceeding three 
hundred words in length in opposition thereto which 


POLITICAL CODE 


189 


may be prepared by the board of supervisors. If the 
provisions of two or more ordinances adopted at the 
same election conflict, then the ordinance receiving 
the highest number of affirmative votes shall control. 

The board of supervisors may submit to the peo¬ 
ple, without a petition therefor, a proposition for 
the repeal of any adopted ordinance or for amend¬ 
ments thereto or for the enactment of any new 
ordinance to be voted upon at any succeeding gen¬ 
eral or special election and if such proposition so 
submitted receive a majority of the votes cast there¬ 
on at such election, such ordinance shall be repealed, 
amended or enacted accordingly. 

Whenever any ordinance or proposition is re¬ 
quired by this section to be submitted to the voters 
of a county at any election the county clerk shall 
cause the ordinance or proposition to be printed and 
he shall mail a printed copy thereof, enclosed in an 
envelope with a sample ballot, to each voter, at 
least ten days prior to the election. Notice of the 
election shall be given by the board of supervisors 
by publication in some newspaper of general circu¬ 
lation throughout the county, to be designated by 
such board, for at least two weeks before the elec¬ 
tion. All the provisions of this section are to be 
liberally construed for the purpose of ascertaining 
and enforcing the will of the electors. 

The enacting clause of an ordinance passed by 
the vote of the electors shall be substantially in 
the following form: 

“The people of the county of- do ordain 

as follows 

When a special election is to be called under the 
terms of this section it shall be held not less than 
thirty nor more than sixty days after the date of 
the presentation of the proposed ordinance to the 
board of supervisors, and shall be held as nearly as 
may be in accordance with the election laws of the 
state, provided, however, that, to avoid holding 
more than one such election within any six months, 
the date for holding such special election may be 
fixed later than such sixty days, but at as early a 



190 


POLITICAL CODE 


date as practicable after the expiration of such six 
months; provided further that when under any of 
the terms of this statute fixing the time within 
which a special election shall be held it is made 
possible to hold the same within three months prior 
to a general election, the board of supervisors may, 
in its discretion, submit the proposed ordinance at 
such general election instead of at a special elec¬ 
tion. Except an ordinance calling or otherwise rela¬ 
ting to an election, no ordinance passed by the 
board of supervisors except when otherwise spe¬ 
cially required by the laws of the state, and except 
an ordinance for the immediate preservation of the 
public peace, health or safety, which contains a 
declaration of the facts constituting its urgency and 
is passed by a four-fifths vote of the board, and 
no ordinance granting a franchise shall go into 
effect before thirty days from its final passage; 
and if, during said thirty days, petition signed by 
qualified electors of the county equal to ten per 
cent of the entire vote cast therein for all candi¬ 
dates for governor of the state at the last preceding 
general election at which a governor was voted for, 
protesting against the passage of such ordinance, 
be presented to the board, the same shall thereupon 
be suspended from going into operation, and it shall 
be the duty of the board to reconsider such ordi¬ 
nance. If said board shall thereupon not entirely 
repeal said ordinance, it shall submit the same to a 
vote of the electors either at a general election or a 
special election to be called for the purpose, and 
such ordinance shall not go into effect or become 
operative unless a majority of the voters voting 
upon the same shall vote in favor thereof. Such 
petitions and the provisions of the law relative to 
the duty of the clerk in regard thereto and the 
manner of voting thereon, shall conform to the 
rules provided herein for the initiation of legisla¬ 
tion by the electors. 

Sec. 2. Where the office of registrar of voters 
exists, the duties herein imposed upon the county 
clerk shall be performed by said registrar of voters. 


PEXAL CODE 


191' 


CHAPTER Y. 

SECTIONS OF THE PENAL CODE RELATING 
TO ELECTIONS. 

Acting as Election Officer Without Appointment. 

Section 40. Any person who acts as an election 
officer at any election, without first having been 
appointed and qualified as such, and any person 
who, not being an election officer, performs or dis¬ 
charges any of the duties of an election officer, 
in regard to the handling or counting or canvassing 
of any ballots cast at any election, shall be guilty 
of a felony, and on conviction be punished by im¬ 
prisonment in the State Prison for not less than 
two nor more than seven years. 

Violation of Law by Certain Officers. 

41. Every person charged with the perform¬ 
ance of any duty under the provisions of any law 
of this State relating to elections, who willfully 
neglects or refuses to perform it, or who, in his 
official capacity, knowingly and fraudulently acts 
in contravention or violation of any of the pro¬ 
visions of such laws, is, unless a different punish¬ 
ment for such acts or omissions is prescribed by 
this Code, punishable by fine not exceeding one 
thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

75 Cal. 628, 631; 142 Cal. 79; 146 Cal. 309. 

Fraudulent Registration. 

42. Every person who willfully causes, procures, 
or allows himself to be registered in any register of 
electors required by law to be made or kept, know¬ 
ing himself not to be entitled to such registration, 
is punishable by imprisonment in the State prison 
for not less than one nor more than three years. 


192 


PENAL CODE 


Procuring Fraudulent Registration. 

42a. Every person who willfully causes, procures, 
or allows any other person to be registered in any 
register of electors required by law to be made or 
kept, knowing him not to be entitled to such 
registration, is punishable by imprisonment in the 
State prison for not less than one nor more than 
three years. 

Refusal to be Sworn or Answer Questions. 

43. Every person who, after being required by 
the Board of Judges at an election, refuses to be 
sworn, or being sworn, refuses to answer any perti¬ 
nent questions propounded by such Board touching 
the right of another to vote, is guilty of a misde¬ 
meanor. 

Refusal to Obey Summons. 

44. Every person summoned to appear and 
testify before any Board of Registration, who will¬ 
fully disobeys such summons, is guilty of a misde¬ 
meanor. 

Fraudulent Voting or Interference With Votes. 

45. Every person not entitled to vote who fraud¬ 
ulently votes, and every person who votes more 
than once at any one election, or knowingly hands 
in two or more tickets, folded together, or changes 
any ballot after the same has been deposited in the 
ballot-box, or adds, or attempts to add, any ballot 
to those legally polled at any election, by fraudu¬ 
lently introducing the same into the ballot-box 
either before or after the ballots therein have been 
counted; or adds to, or mixes with, or attempts to 
add to or mix with, the ballots lawfully polled, 
other ballots, while the same are being counted or 
canvassed, or at any other time, with intent to 
change the result of such election; or carries away 
or destroys, or attempts to carry away or destroy, 
any poll-lists, or ballots, or ballot-box, for the pur- 


PENAL CODE 


193 


pose of breaking up or invalidating such election, 
or willfully detains, mutilates, or destroys any elec¬ 
tion returns, or in any manner so interferes with 
the officers holding such election or conducting 
such canvass, or with the voters lawfully exercis¬ 
ing their rights of voting at such election, as to pre¬ 
vent such election or canvass from being fairly held 
and lawfully conducted, is guilty of a felony. 

91 Cal. 467; 145 Cal. 108. 

Attempting to Vote Fraudulently. 

46. Every person not entitled to vote, who fraud¬ 
ulently attempts to vote, or who, being entitled to 
vote, attempts to vote more than once at any elec¬ 
tion, or who personates, or attempts to personate, a 
person legally entitled to vote, is punishable by im¬ 
prisonment in the State prison for not less than 
one nor more than two years. 

Procuring Fraudulent Votes. 

47. Every person who procures, assists, counsels, 
or advises another to give or offer his vote at any 
election, knowing that the person is not qualified to 
vote, or who aids or abets in the commission of any 
of the offenses mentioned in the preceding section, 
‘is punishable by imprisonment in the State prison 
not exceeding two years. 

Changing Ballots or Altering Returns. 

48. Every officer or Clerk of Election who aids 
in changing or destroying any poll list, or in plac¬ 
ing any ballots in the ballot-box, or in taking any 
therefrom, or adds, or attempts to add, any ballots 
to those legally polled at such election, either by 
fraudulently introducing the same into the ballot- 
box before or after the ballots therein have been 
counted, or adds to or mixes with, or attempts to 
add to or mix with, the ballots polled, any other 
ballots, while the same are being counted or can¬ 
vassed, or at any other time, with intent to change 
the result of such election, or allows another to do 


194 


PENAL CODE 


so when in his power to prevent it, or carries away 
or destroys, or knowingly allows another to carry 
away or destroy, any poll list, ballot-box, or ballots 
lawfully polled, is punishable by imprisonment in 
the State prison for not less than two nor more than 
seven years. 

Inspectors Must Not Unfold or Mark Tickets. 

49. Every inspector, judge, or clerk of an elec¬ 
tion who, previously to putting the ballot of an 
elector in the ballot-box, attempts to find out any 
name on such ballot, or who opens or suffers the 
folded ballot of any elector which has been handed 
in, to be opened or examined previously to putting 
the same into the ballot-box, or who makes or 
places any mark or device on any folded ballot with 
a view to ascertain the name of any person for 
whom the elector has voted, or who, without the 
consent of the elector, discloses the name of any 
person which such inspector, judge, or clerk has 
fraudulently or illegally discovered to have been 
voted for by such elector, is punishable by a fine 
of not less than fifty nor more than five hundred 
dollars, or by imprisonment in the county jail for 
not less than thirty days nor more than six months, 
or by both such fine and imprisonment. 

Acting As Election Officer When Ineligible or Re¬ 
fusing to Act When Eligible. 

49a. Any person acting as a member of any elec¬ 
tion board, or q,s a clerk upon such board, who can¬ 
not read and write the English language, or any 
person who refuses to act upon such board, or as a 
clerk thereof, after proper notification of his ap¬ 
pointment, who is otherwise eligible, unless good 
and sufficient cause for such refusal is shown to 
the Election Board or Board of Supervisors, is 
guilty of a misdemeanor, and is subject to a fine 
of five hundred dollars, and upon failure to pay such 
fine, must be imprisoned in the county jail of the 
county for the period of one day for each two dol¬ 
lars of such fine. 


PENAL CODE 


195 


Forging or Counterfeiting Returns. 

50. Every person who forges or counterfeits re¬ 
turns of an election purporting to have been held 
at a precinct, town, or ward where no election was 
in fact held, or willfully substitutes forged or coun¬ 
terfeit returns of election in the place of true re¬ 
turns for a precinct, town, or ward where an 
election was actually held, is punishable by im¬ 
prisonment in the State prison for a term not less 
than two nor more than seven years. 

Altering Returns. 

51. Every person who willfully adds to, or sub¬ 
tracts from, the votes actually cast at an election, 
in any official or unofficial returns, or who alters 
euch returns, is punishable by imprisonment in the 
State prison for not less than one year nor more 
than five years. 

Aiding or Abetting Offenses. 

52. Every person who aids or abets in the 
commission of any of the offenses mentioned in the 
four preceding sections is punishable by imprison¬ 
ment in the county jail for the period of six months, 
or in the State Prison not exceeding two years. 

Intimidating or Defrauding Electors. 

53. Every person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or 
indirectly, attempts to influence any elector in giv¬ 
ing his vote, or to deter him from giving the same* 
or attempts by any means whatever to awe, restrain, 
hinder, or disturb any elector in the exercise of the 
right of suffrage, or furnishes any elector wishing 
to vote, who cannot read, with a ticket, informing 
or giving such elector to understand that it con¬ 
tains a name written or printed thereon, different 
from the name which is written or printed thereon, 
or defrauds, any elector at any such election by de¬ 
ceiving and causing such elector to vote for a dif¬ 
ferent person for any office than he intended or 


196 


PENAL CODE 


desired to vote for; or who, being Inspector, Judge, 
or Clerk of any election, while acting as such, in* 
duces or attempts to induce any elector, either by 
menace or reward, or promise thereof, to vote dif¬ 
ferently from what such elector intended or desired 
to vote, is guilty of felony. 

Furnishing Money for Election Purposes. 

54. Every person who, with intent to promote 
the election of himself or any other person, either: 

1. Furnishes entertainment at his expense to 
any meeting of electors previous to or during an 
election; 

2. Pays for, procures or engages to pay for any 
such entertainment; 

3. Furnishes or engages to pay or deliver any 
money or property for the purpose of procuring the 
attendance of voters at the polls, or for the purpose 
of compensating any person for procuring attend¬ 
ance of voters at the polls, except for the convey¬ 
ance of voters who are’sick or infirm; 

4. Furnishes or engages to pay or deliver any 
money or property for any purpose intended to pro¬ 
mote the election of any candidate, except for the 
expenses of holding and conducting public meet¬ 
ings for the discussion of public questions, and of 
printing and circulating ballots, hand-bills, and 
other papers previous to such election,—is guilty of 
a misdemeanor. 

Unlawful Receiving, Etc., of Money Before or Dur¬ 
ing and After Election. 

54a. It is unlawful for any person, directly, by 
himself, or through any other person: 

1. To receive, agree, or contract, for, before or 
during an election, any money, gift, loan, or other 
valuable consideration, office, place, or employment, 
for himself or any other person, for voting or agree¬ 
ing to vote, or for coming or agreeing to come to 
the polls, or for refraining or agreeing to refrain 


PENAL CODE 


197 


from voting, or for voting or agreeing to vote, or 
refraining or agreeing to refrain from voting, for 
any particular person or persons at any election; 

2. To receive any money, or other valuable thing, 
during or after an election, on account of himself 
or any other person having voted, or refrained from 
voting, for any particular person or persons at such 
election or on account of himself or any other per¬ 
sons having come to the polls or remained away 
from the polls at such election, or on account of 
having induced any other person to vote or refrain 
from voting, or to vote or refrain from voting for 
any particular person, or persons, or to come to or 
remain away from the polls at such election; 

3. To receive any money or other valuable thing, 
before, during, or after election, on account of him¬ 
self or any other person having voted to secure the 
election or indorsement of any other person as the 
nominee or candidate of any convention, organized 
assemblage of delegates, or other body representing, 
or claiming to represent, a political party or prin¬ 
ciple, or any club, society, or association, or on 
account of himself or any other person having 
aided in securing the selection or indorsement of 
any other person as a nominee or candidate as 
aforesaid. 

Every person who commits any of the offenses 
mentioned in this section is punishable by im¬ 
prisonment in the State Prison for not less than 
one nor more than seven years. 

Unlawful Paying, Etc., of Money. 

54b. It is unlawful for any person, directly or 
indirectly, by himself or through any other person: 

1. To pay, lend, or contribute, or offer or promise 
to pay, lend, or contribute, any money or other 
valuable consideration to or for any voter, or to or 
for any other person, to induce such voter to vote 
or refrain from voting at any election, or to induce 
any voter to vote or refrain from voting at such 
election for any particular person or persons, or to 


198 


PENAL CODE 


induce such voter to come to the polls or remain 
away from the polls at such election, or on account 
of such voter having voted or refrained from vot¬ 
ing or having voted or refrained from voting for 
any particular person, or having come to the 
polls or remained away from the polls at such elec¬ 
tion; 

2. To give, offer, or promise any office, place, or 
employment, or to promise to procure, or endeavor 
to procure, any office, place, or employment to or 
for any voter, or to or for any other person, in 
order to induce such voter to vote or refrain from 
voting at any election, or to induce any voter to 
vote or refrain from voting at such election for any 
particular person or persons; 

3. To make any gift, loan, promise, offer, procure¬ 
ment, or agreement, as aforesaid, to, for, or with 
any person, in order to induce such person to pro¬ 
cure, or endeavor to procure, the election of any 
person, or the vote of any voter at any election; 

4. To procure, engage, promise, or endeavor to 
procure, in consequence of any such gift, loan, offer, 
promise, procurement, or agreement, the election of 
any person, or the vote of any voter at such elec¬ 
tion; 

5. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used in bribery at any 
election; or to knowingly pay or cause to be paid, 
any money or other valuable thing to any person 
in discharge or repayment of any money, wholly 
or in part, expended in bribery at any election; 

6. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used for boarding, lodg¬ 
ing, or maintaining a person at any place or domi¬ 
cile in any election precinct, ward, or district, with 
intent to secure the vote of such person, or to in- 


PENAL CODE 


199 


duce such person to vote for any particular person 
or persons at any election; 

7. To advance or pay, or cause to be paid, any 
money or other valuable thing tc or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used to aid or assist any 
person to evade arrest, who is charged with the 
commission of a crime against the elective fran¬ 
chise, for which, if the person were convicted, the 
punishment would be imprisonment in the State 
prison; 

8. To advance or pay, or cause to be paid, any 
money or other valuable thing, to or for the use 
of any other person, in consideration of being 
selected or indorsed as the candidate of any conven¬ 
tion, organized assemblage of delegates, or other 
body representing, or claiming to represent, a 
political party or principle, or any club, society, or 
association, for a public office, or in consideration 
of the selection or indorsement of any other person 
as a candidate for a public office, or in considera¬ 
tion of any member of a convention, club, society, 
or association having voted to select or indorse any 
person as a candidate for a public office, except that 
a candidate for nomination to a public office may 
contribute such proportion of the cost and expense 
of holding a primary election as is authorized by 
the Political Code of this State, and no more; 

9. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, in consideration of a person with¬ 
drawing as a candidate for a public office. 

Every person who commits any of the offense* 
mentioned in this section is punishable by impris¬ 
onment in the State Prison for not less than on* 
year nor more than seven years. 

Procuring Votes by Promises. 

55. Every person who being a candidate at any 
election, offers or agrees to appoint, or procure the 


200 


PENAL CODE 


appointment of any particular person to office, as 
an inducement or consideration to any person to 
vote for, or procure, or aid in procuring, the election 
of such candidate, is guilty of a misdemeanor. 

99 Cal. 289. 

Soliciting, Demanding or Pledging Votes for or 

Against Bill. 

55a. Any person, either individually or as an 

officer or member of any committee or association, 
who solicits or demands of any candidate for the 
legislature, supervisor, school director, or for any 
legislative body, that he shall vote for or against 
any particular bill or measure which may come be¬ 
fore such body to which he may be elected, and any 
candidate for any of such offices who signs or 

gives any pledge that he will vote for or 

against any particular bill or measure that may be 
brought before any such body, is guilty of a mis¬ 
demeanor; and any candidate convicted under the 
provisions of this section is, in addition, disqualified 
from holding the office to which he may have been 
elected. The provisions of this section do not apply 
to any pledge or promise that any such candidate 
may give to a convention by which he may be 
nominated for any such office, or to those who sign 
a certificate for his nomination. 

Communicating Unlawful Offers. 

56. Every person, not being a candidate, who 
communicates any offer made in violation of the 
last section to any person with intent to induce 
him to vote for, or to procure or aid in procuring 
the election of, the candidate making the offer, is 
guilty of a misdemeanor. 

Bribing Legislative Caucuses. 

57. Every person who gives or offers a bribe to 
any officer or member of any legislative caucus, 
political convention, committee, primary election, or 
political gathering of any kind, held for the purpose 


PENAL CODE 


201 


of nominating candidates for offices of honor, trust 
or profit, in this State, with intent to influence the 
person to whom such bribe is given or offered to be 
more favorable to one candidate than another, and 
every person, member of either of the bodies in this 
section mentioned, who receives or offers to receive 
any such bribe, is punishable by imprisonment in 
the State Prison not less than one nor more than 
seven years. 

126 Cal. 352. 

Fraudulent Acts to Change Result of Election by 
Officers. 

57a. Every officer or clerk of election who aids in 
changing or destroying any poll-list or official bal¬ 
lot, or in wrongfully placing any ballots in the bal¬ 
lot-box, or in taking any therefrom, or adds, or 
attempts to add, any ballots to those legally polled 
at such election, either by fraudulently introducing 
the same into the ballot-box, before or after the bal¬ 
lots therein have been counted, or adds to or mixes 
with, or attempts to add to or mix with, the ballots 
polled, any other ballots, while the same are being 
counted o*r canvassed, or at any other time, with 
intent to change the result of such election, or 
allows another to do so, when in his power to pre¬ 
vent it, or carries away or destroys, or knowingly 
allows another to carry away or destroy, any poll- 
list, ballot-box, or ballots lawfully polled, is pun¬ 
ishable by imprisonment in the State Prison for not 
less than two nor more than seven years. 

Preventing Public Meetings. 

58. Every person who, by threats, intimidations, 
or unlawful violence, willfully hinders or prevents 
electors from assembling in public meetings for the 
consideration of public questions, is guilty of a. 
misdemeanor. 

Unlawful Interference with Elective Franchise. 

59. It is unlawful for any person, directly or 
indirectly, by himself or other person in his behalf, 


202 


PENAL CODE 


to make use of, or threaten to make use of, any 
force, violence, or restraint, or to indict or threaten 
the infliction, by himself or through any other per¬ 
son, of any injury, damage, harm, or loss, or in any 
manner to practice intimidation upon or against 
any person, in order to induce or compel such person 
to vote or refrain from voting at any election, or 
to vote or refrain from voting for any particular 
person or persons at any election, or on account of 
such person or persons at any election, or on ac¬ 
count of such person having voted or refrained 
from voting at any election. And it is unlawful 
for any person, by abduction, duress, or any forcible 
or fraudulent device or contrivance whatever, to im¬ 
pede, prevent, or otherwise interfere with the free 
exercise of the elective franchise by any voter; or 
to compel, induce, or prevail upon any voter either 
to give or refrain from giving his vote at any elec¬ 
tion, or to give or refrain from giving his vote for 
any particular person or persons at any election. 
It is not lawful for any employer, in paying his 
employes the salary or wages due them, to inclose 
their pay in pay envelopes upon which there is 
written or printed the name of any candidate, or 
any political mottoes, devices, or arguments con¬ 
taining threats, express or implied, intended or 
calculated to influence the political opinions oi 
actions of such employes. Nor is it lawful for any 
employer, within ninety days of any election, to put 
up or otherwise exhibit in his factory, workshop, or 
other establishment or place where his workmen or 
employes may be working, any handbill or placard 
containing any threat, notice, or information, that 
in case any particular ticket of a political party, or 
organization, or candidate shall be elected, work in 
his place or establishment will cease, in whole or 
in part, or his place of establishment be closed up, 
or the salaries or wages of his workmen or employes 
be reduced, or other threats, express or implied, in¬ 
tended or calculated to influence the political opin¬ 
ions or actions of his workmen or employes. This 
section applies to corporations as well as indi- 


PENAL CODE 


203 


viduals, and any person or corporation violating 
the provisions of this section is guilty of a misde¬ 
meanor, and any corporation violating this section 
shall forfeit its charter. 

Betting on Elections. 

60. Every person who makes, offers or accepts any 
bet or wager upon the result of any election, or 
upon the success or failure of any person or candi¬ 
date, or upon the number of votes to be cast either 
in the aggregate or for any particular candidate, 
or upon the vote to be cast by any person, is guilty 
of a misdemeanor. 

Violation of Election Laws by Persons Not Officers. 

61. Every person who willfully violates any of 
the provisions of the laws of this State relating to 
elections is, unless a different punishment for such 
violation is prescribed by this Code, punishable by 
a fine not exceeding one thousand dollars, or by 
imprisonment in the State Prison not exceeding 
five years, or by both. 

Printing or Circulating Incorrect Tickets. 

62. Every person who prints any ticket not in 
conformity with the provisions of chapter eight of 
title two of part three of the Political Code, or 
who circulates or gives to another any ticket, know¬ 
ing at the time that such ticket does not conform 
to the provisions of chapter eight of title two of 
part three of the Political Code, is guilty of a mis¬ 
demeanor. 

Certain Matter Must Not Be Printed or Circulated 

Unless Signed. 

62a. Every person who intentionally writes, 
prints, posts, or distributes, or causes to be written, 
printed, posted, or distributed, any circular, pam¬ 
phlet, letter, or poster which is designed or intended 
to injure or defeat any candidate for nomination 
or election to any public office by reflecting upon 


204 


PENAL CODE 


his personal character or political action, unless 
there appears upon such circular, pamphlet, letter, 
or poster, in a conspicuous place, either the name of 
the Chairman and Secretary or the names of two 
officers at least of the political or other organiza¬ 
tion issuing the same, or the name and residence, 
with the street and number thereof, if any, of 
some voter of this State, and responsible therefor, 
shall be guilty of a misdemeanor. 

Printer Must Add His Imprint. 

62b. Every person who prints any circular, pam¬ 
phlet, letter, or poster of the kind or character 
mentioned in section 62a of this Code, without add¬ 
ing thereto his name, showing the printing office at 
which the same was printed, is guilty of a misde¬ 
meanor. 

Furnishing Liquors During Election Hours. 

63b. Every person keeping a public house, saloon, 
or drinking place, whether licensed or unlicensed, 
who sells, gives away, or furnishes spirituous or malt 
liquors, wine, or any other intoxicant, on any part 
of any day set apart for any general or special 
election, in any election district or precinct in any 
county of the State where an election is in progress, 
during the hours when by law the polls are required 
to be kept open, is guilty of a misdemeanor. 

Witness Not Excused on Ground That He May 

Criminate Himself. 

64. No person otherwise competent as a witness, 
shall be disqualified or excused from testifying con¬ 
cerning any of the offenses enumerated and pre¬ 
scribed in this title, on the ground that such testi¬ 
mony may criminate himself; but no prosecution 
can afterwards be had against such witness for any 
such offense concerning which he testified for the 
prosecution. 

146 Cal. 309. 


PENAL CODE 


203 


Provisions Applicable to Primary Elections. 

64i/ 2 . All the provisions of sections forty to sixty - 
four of this Code, both inclusive, shall apply with 
like force and effect to elections, known and desig¬ 
nated as primary elections, held and conducted 
under official supervision pursuant to law and to 
registration therefor, as to other elections, whether 
the word “ primary” be used in connection with 
the word “ election ’' or 11 elections’ ’ used in said 
sections or not. 

False Representation as to Signing and Circulating 

Petitions—Penalty. 

64b. 1. It shall be unlawful for any person cir¬ 

culating, as principal or agent, or having charge 
or control of the circulation of, or obtaining signa¬ 
tures to, any petition authorized or provided for 
by the constitution or laws of the State of Cali¬ 
fornia regulating the initiative, referendum or re¬ 
call to misrepresent or make any false statement 
concerning the contents, purport or effect of any 
such petition to any person who signs, or who de¬ 
sires to sign, or who is requested to sign, or who 
makes inquiries with reference to any such petition, 
or to whom any such petition is presented for his 
or her signature. 

2. It shall be unlawful for any person to wilfully 
or knowingly circulate, publish or exhibit any false 
statement or misrepresentation concerning the con¬ 
tents, purport or effect of any petition mentioned 
in this section for the purpose of obtaining any 
signature to any such petition or for the purpose 
of persuading any person to sign any such petition. 

3. It shall be unlawful for any person to file in 
the office of the clerk or other officer provided 
by law to receive such filing, any petition men¬ 
tioned in this section to which is attached, ap¬ 
pended or subscribed any signature which the per¬ 
son so filing such petition knows to be false or 
fraudulent or not the genuine signature of the 


206 


PENAL CODE 


person purporting to sign such petition or whose 
name is attached, appended or subscribed thereto. 

4. It shall be unlawful for any person to circu¬ 
late, or cause to be circulated, any petition men¬ 
tioned in this section, knowing the same to contain 
false, forged or fictitious names. 

5. It shall be unlawful for any person to make 
any false affidavit concerning any petition men¬ 
tioned in this section for the signatures appended 
thereto. 

6. It shall be unlawful for any public official or 
employee knowingly to make any false return, cer¬ 
tification or affidavit, concerning- any petition men¬ 
tioned in this section, or the signatures appended 
thereto. 

7. It shall be unlawful for any person to know¬ 
ingly sign his own name more than once to any 
petition mentioned in this act, or to sign his name 
to any such petition knowing himself at the time of 
such signing not to be qualified to sign the same. 

8. Any person, either as principal or agent, vio¬ 
lating any of the provisions of this section is pun¬ 
ishable by imprisonment in the state prison, or in 
a county jail, not exceeding two years, or by fine 
not exceeding five thousand dollars, or by both. 
[New section approved April 12, 1915.] 

Subscribing Fictitious or Another’s Name to Pe¬ 
titions—Penalty. 

472a. Every person who subscribes to any initia¬ 
tive, referendum or recall petition or to any nom¬ 
inating petition a fictitious name, or who subscribes 
thereto the name of another, is guilty of a felony 
and is punishable by imprisonment in the state 
prison for not less than one nor more than fourteen 
years. [New section approved April 12, 1915.] 


< ODE OF CIVIL PROCEDURE 


207 


CHAPTER VI. 

SECTIONS OF CODE OF CIVIL PROCEDURE 
RELATING TO ELECTIONS. 

Grounds of Contesting Elections. 

1111. Any elector of a county, city and county, 
eity, or of any political subdivision of either, may 
contest the right of any person declared elected to 
an office to be exercised therein, for any of the 
following causes: 

1. For malconduct on the part of the Board of 
Judges, or any member thereof. 

2. When the person whose right to the office is 
contested was not, at the time of the election, 
eligible to such office. 

3. When the person whose right is contested has 
given to any elector, or Inspector, Judge, or Clerk 
of the election, any bribe or reward, or has offered 
any such bribe or reward for the purpose of pro¬ 
curing his election, or has committed any other 
offense against the elective franchise, defined in 
Title IV, Part I, of the Penal Code. 

4. On account of illegal votes. 

46 Cal. 401; 64 Cal. 95; 65 Cal. 59; 83 Cal. 71; 
87 Cal. 124; 100 Cal. 201; 104 Cal. 661; 
111 Cal. 420; 114 Cal. 96; 118 Cal. 395, 

400; 127 Cal. 31; 128 Cal. 284; 129 Cal. 

327; 134 Cal. 152; 136 Cal. 266; 138 Cal. 

152; 139 Cal. 5; 141 Cal. 413, 559; 142 

Cal. 78, 498, 592; 143 Cal. 470, 546; 146 
Cal. 329; 148 Cal. 14; 151 Cal. 163; 154 
Cal. 280, 281, 282; 158 Cal. 539, 541; 1 
Cal. App. 129, 300; 2 Cal. App. 55; 6 Cal. 
App. 125; 7 Cal. App. 157. 

Irregularity in Conduct of Judges. 

1112. No irregularity or improper conduct in the 
proceedings of the Judges, or any of them, is such 
malconduct as avoids an election, unless the irregu- 


208 


CODE OF CIVIL PROCEDURE 


larity or improper conduct is such as to procure the 
person whose right to the office is contested to be 
declared elected, when he had not received the high¬ 
est number of legal votes. 

83 Cal. 78; 108 Cal. Ill; 124 Cal. 13; 136 Cal. 
402; 143 Cal. 342, 486, 546, 547, 549; 148 
Cal. 14. 

When Does Not Annul Elections. 

1113. When any election held for an office exer¬ 
cised in and for a county is contested on account 
of any malconduct on the part of the Board of 
Judges of any township election, or any member 
thereof, the election cannot be annulled and set 
aside upon any proof thereof, unless the rejection of 
the vote of such township or townships would 
change the result as to such office in the remaining 
vote of the county. 

148 Cal. 14. 

Illegal Votes Do Not Annul, When. 

1114. Nothing in the fourth ground of contest, 
specified in Section eleven hundred and eleven, is 
to be so construed as to authorize an election to be 
set aside on account of illegal votes, unless it appear 
that a number of illegal votes has been given to 
the person whose right to the office is contested, 
which, if taken from him, would reduce the number 
of his legal votes below the number of votes given 
to some other person for the same office, after de¬ 
ducting therefrom the illegal votes which may be 
shown to have been given to such other person. 

65 Cal. 286; 83 Cal. 73; 128 Cal. 284; 143 Cal. 
547; 148 Cal. 14. 

Procedure in Case of Contest. 

1115. When an elector contests the right of any 
person declared elected to such office, he must file 
with the County Clerk a written statement, setting 
forth specifically: 

1. The name of the party contesting such elec- 


CODE OF CIVIL PROCEDURE 209 

tion, and that he is an elector of the district, 
county, or township, as the case may be, in which 
such election was held; 

2. The name of the person whose right to the 
office is contested; 

3. The office; 

4. The particular grounds of such contest; 

Such statement must be verified by the contesting 

party, as provided by Section 446 of this Code, and 
must be filed within thirty days after the declara¬ 
tion of the result of the election by the body can¬ 
vassing the returns thereof, except in cases where 
the contest is brought on any of the grounds men¬ 
tioned in subdivision three of section one thousand 
one hundred and eleven, when it must be brought 
within six months after the declaration of the re¬ 
sult of the election by the body canvassing the 
returns thereof. 

46 Cal. 403; 58 Cal. 207; 65 Cal. 59; 111 Cal. 

130; 121 Cal. 479; 141 Cal. 274; 142 Cal. 

504; 143 Cal. 485; 146 Cal. 329; 148 Cal. 

14; 158 Cal. 539; 13 Cal. App. 274. 

When Illegal Voting Is Cause of Contest. 

1116. When the reception of illegal votes is 
alleged as a cause of contest, it is sufficient to state 
generally that in one or more specified voting pre¬ 
cincts illegal votes were given to the person whose 
election is contested, which, if taken from him, 
will reduce the number of his legal votes below 
the number of legal votes given to some other per¬ 
son for the same office; but no testimony can be 
received of any illegal votes, unless the party con¬ 
testing such election deliver to the opposite party, 
at least three days before such trial, a written list 
of the number of illegal votes, and by whom given, 
which he intends to prove on such trial; and no 


210 


CODE OF CIVIL PROCEDURE 


testimony can be received of any illegal votes ex¬ 
cept such as are specified in suc^ list. 

51 Cal. 516; 58 Cal. 211; 105 Cal. 182; 121 
Cal. 534; 136 Cal. 4, 277; 142 Cal. 504; 
148 Cal. 14; 11 Cal. App. 587, 588. 

Want of Form. 

1117. No statement of the grounds of contest 
will be rejected, nor the proceedings dismissed by 
any Court, for want of form, if the grounds of con¬ 
test are alleged with such certainty as will advise 
the defendant of the particular proceeding or cause 
for which such election is contested. 

141 Cal. 275; 143 Cal. 21, 485; 145 Cal. 318; 
148 Cal. 14; 1 Cal. App. 300. 

Superior Court Must Set Day for Hearing Contest. 

1118. Upon the statement being filed, the County 
Clerk must inform the Superior Court of the county 
thereof, which shall thereupon set some day to be 
named by it, not less than ten nor more than 
twenty days from the date of such order, to hear 
and determine such contested election. 

(This section was enacted twice. See below.) 

158 Cal. 540; 13 Cal. App. 273. 

Special Session of Court. 

1118. Within five days after the end of the time 
allowed for filing such statements the County Clerk 
must notify the Superior Court of the county or city 
and county of all statements filed. The court shall 
thereupon order a special session to be held, on 
some day to be named by it, not less than ten nor 
more than twenty days from the date of such order, 
at which session the ballots shall be opened and a 
recount taken, in the presence of all the parties, of 
the votes cast for the various candidates in all 
contests where it appears from the statements filed 
that a recount is necessary for the proper determin¬ 
ation of such contest or contests. The court shall 
continue in special session to hear and determine 


CODE OF CIVIL PROCEDURE 211 

all other issues arising in such contested elections, 
and within ten days after the submission thereof 
the court shall file its findings of fact and conclu¬ 
sions of law, and immediately thereafter judgment 
thereon shall be entered. 

(See preceding section.) 

119 Cal. 614, 616; 143 Cal. 21; 148 Cal. 14; 
158 Cal. 540; 13 Cal. App. 273, 274, 275. 

Clerk Must Issue Citation. 

1119. The Clerk shall thereupon issue a citation 
for the person whose right to the office is contested, 
to appear at the time and place specified in the 
order, which citation must be delivered to the 
Sheriff, and served either upon the party in person, 
or, if he cannot be found, by leaving a copy 
thereof at the house where he last resided, at least 
five days before the time so specified. 

148 Cal. 14; 158 Cal. 539, 540, 542, 544, 545, 
546; 12 Cal. App. 421; 13 Cal. App. 275. 

Witnesses to Be Subpoenaed. 

1120. The Clerk must issue subpoenas for wit¬ 
nesses at the request of either party, which must 
be served as other subpoenas; and the Superior 
Court shall have full power to issue attachments to 
compel the attendance of witnesses who have been 
subpoenaed to attend. 

148 Cal. 14. 

Hearing of Contest. 

1121. The Court must meet at the time and place 
designated, to determine such contested election, 
and shall have all the powers necessary to the de¬ 
termination thereof. It may adjourn from day to 
day until such trial is ended, and may also continue 
the trial, before its commencement, for any time 
not exceeding twenty days, for good cause shown 
by either party upon affidavit, at the costs of the 
party applying for such continuance. 

119 Cal. 614, 617; 148 Cal. 14; 158 Cal. 540, 
542, 545, 546, 547. 


212 


CODE OF CIVIL PROCEDURE 


Rules Governing Trial and Determination. 

1122. The Court must be governed, in the trial 
and determination of such contested election, by 
the rules of law and evidence governing the deter¬ 
mination of questions of law and fact, so far as 
the same may be applicable; and may dismiss the 
proceedings if the statement of the cause or causes 
of the contest is sufficient, or for want of prosecu¬ 
tion. After hearing the proofs and allegations of 
the parties, the Court must pronounce judgment in 
the premises, either confirming or annulling and set¬ 
ting aside such election. 

65 Cal. 286; 104 Cal. 664; 121 Cal. 479; 141 
Cal. 563; 142 Cal. 373; 148 Cal. 14; 1 Cal. 
App. 129; 7 Cal. App. 157. 

Court Must Declare Person Elected. 

1123. If in any such case it appears that another 
person than the one returned has the highest num¬ 
ber of legal votes, the court must declare such 
person elected. The person declared elected by the 
Superior Court shall be entitled to a certificate of 
election; and if a certificate has not already been 
issued to him, the County Clerk must immediately 
make out and deliver to such person a certificate of 
election signed by him, and authenticated with the 
seal of the Superior Court. If the Clerk has issued 
any certificate for the same office to any other per¬ 
son than the one declared elected by the court, such 
certificate shall be annulled by the judgment. 

128 Cal. 284; 140 Cal. 651; 141 Cal. 416, 561, 
563; 148 Cal. 14; 154 Cal. 284. 

Tie Vote—Who May Contest. 

1124. Whenever the body canvassing the returns 
of any such election declares that no person has 
received the highest number of votes given for 
that particular office, any elector of the county, city 
and county, city or political subdivision of either, 
in which such office is to be exercised may, within 
twenty days after such declaration, contest the 


CODE OF CIVIL PROCEDURE 


213 


same by filing with the Clerk a written statement 
setting forth the matters stated in subdivisions 
one, three and four of Section 1115 and also the 
names of the persons shown by such declaration to 
have received the highest and equal number of 
votes; which statement must be verified. 

A citation must thereupon be issued to and 
served upon such of said persons receiving an 
equal number of votes as are not contestants as 
provided in Section 1119. 

Thereupon like proceedings must be had as are 
provided in this title for contesting the right of a 
person declared elected; and all the provisions of 
this title so far as applicable thereto must govern 
in such proceedings. 

If the court finds that some person has received 
the highest number of votes such person must be 
declared elected. 

(This section was enacted twice. See below.) 

Tie Vote—Who May Contest. 

1124. Whenever the body canvassing the returns 
of any such election declares that no person has 
received the highest number of votes given for that 
particular office, any elector of the county, city and 
county, city, or political subdivision of either, in 
which such office is to be exercised, may, within 
twenty days after such declaration, contest the same 
by filing with the County Clerk a written statement, 
setting forth specifically the matters stated in sub¬ 
divisions 1, 3 and 4 of Section 1115, and also the 
names of the persons shown by such declaration to 
have received an equal number of votes; which 
statement must be verified as provided in said Sec¬ 
tion 1115. A citation must thereupon be issued for 
and served upon the persons so declared to have re¬ 
ceived an equal number of votes, as provided in 
Section 1119, unless one of such persons is the con¬ 
testant, in which case the citation need not be is¬ 
sued for or served upon him. Thereupon like pro¬ 
ceedings must be had as are provided in this title 


214 


CODE OF CIVIL PROCEDURE 


for contesting the right of a person declared elected, 
and all the provisions of this title, so far as applica¬ 
ble thereto, must govern in such proceedings. 

^See preceding section.) 

148 Cal. 14. 

Costs of the Proceedings. 

1125. If the proceedings are dismissed for in¬ 
sufficiency, or for want of prosecution, or the elec¬ 
tion is by the court confirmed, judgment must be 
rendered against the party contesting such election, 
for costs, in favor of the party whose election was 
contested; but if the election is annulled or set 
aside, judgment for costs must be rendered against 
the party whose election was contested, in favor of 
the party contesting the same; provided, that where 
two or more contested elections are joined for the 
purpose of recounting votes as in this title provided, 
the costs shall be apportioned among the parties in 
the discretion of the court. Primarily each party is 
liable for the costs created by himself, to the offi¬ 
cers and witnesses entitled thereto, which may be 
collected in the same manner as similar costs are 
collected in other cases. 

65 Cal. 286; 127 Cal. 33; 143 Cal. 549; 148 Cal. 
14; 7 Cal. App. 154. 

Right of Appeal. 

1126. Either party aggrieved by the judgment of 
the court may appeal therefrom to the District 
Court of Appeal, as in other cases of appeal thereto 
from the Superior Court; provided, that during the 
pendency of proceedings on appeal, and until final 
determination of such proceedings, the person de¬ 
clared elected by the Superior Court shall be en¬ 
titled to the office in like manner as if no appeal 
had been taken. 

79 Cal. 483; 114 Cal. 98; 125 Cal. 528; 146 
Cal. 325; 148 Cal. 14. 

(This section was amended twice in 1907; by the 
amendment approved March 17, 1907, and again by 


PRESIDENTIAL PRIMARY ACT 


215 


the amendment approved March 23, 1907. As the 
amendment of 1909 supersedes the amendment of 
March 19, 1907, the amendment of March 23, 1907, 
which limits the time to appeal, is also given be¬ 
low.) 

Appeal. 

1126. Either party aggrieved by the judgment of 
the court may, within thirty days after notice of 
the entry thereof, appeal therefrom to the supreme 
court, as in other cases of appeal thereto from the 
superior court. 

(See preceding section and note.) 

When Election Is Void. 

1127. Whenever an election is annulled or set 
aside by the judgment of the Superior Court, and 
no appeal has been taken within ten days there¬ 
after, the commission, if any has issued, is void, 
and the office vacant. 

Ill Cal. 420; 114 Cal. 96; 129 Cal. 327; 134 
Cal. 152; 148 Cal. 14; 151 Cal. 169; 152 
Cal. 270; 158 Cal. 539; 1 Cal. App. 300; 
2 Cal. App. 573. 

PRESIDENTIAL PRIMARY ACT. 

An act to provide for the indication by the regis¬ 
tered qualified electors of their choice for nom¬ 
ination by their respective political parties for 
president of the United States through the elec¬ 
tion of the delegates of said political parties to 
their respective national conventions, and to re¬ 
peal an act approved December 24, 1911, known 
as the presidential primary act, and also to repeal 
all other acts or parts inconsistent with or in 
conflict with the provisions of this act. 
[Approved April 28, 1915.] 

Statutes 1915, Chap. 137. 

The people of the State of California do enact as 
follows: 


216 


PRESIDENTIAL PRIMARY ACT 


Date of Election. 

Sec. 1. On the first Tuesday in May of each year 
of the general November election at which electors 
of President and Vice-President of the United 
States are to be chosen, there shall be held a pri¬ 
mary nominating election, to be known as the May 
presidential primary election, at which the regis¬ 
tered qualified electors shall have opportunity, on 
separate party ballots provided for that purpose, 
to elect the delegates of their respective political 
parties to their respective national conventions for 
the nomination of their party candidates for presi¬ 
dent and vice-president of the United States, there¬ 
by indicating the preference of said electors for 
their presidential nominee. 

Party Delegates—Number to Be Elected. 

Sec. 2. The chairman of the state central com¬ 
mittee of each of the political parties qualified to 
participate in the election provided for in this act 
shall notify the secretary of state on or before 
the first day of March of each year of the general 
November election at which electors of president 
and vice-president of the United States are to be 
chosen, as to the number of delegates to represent 
the state in the next national convention of his 
said party. If the said state chairmen, or any of 
them, fail to file such notice, it shall be the duty 
of the secretary of state to ascertain the said num¬ 
ber of delegates from the call for said national con¬ 
vention issued by the national committee of each 
party whose chairman has failed to notify him as 
aforesaid. 

The delegates who shall represent each political 
party at its national convention shall all be elected 
by the voters of the state at large. The secretary 
of state shall, on or before the tenth day of March 
of the year of the May presidential primary election, 
certify to the county clerk or registrar of voters 
of each county, or city and county, the number of 


PRESIDENTIAL PRIMARY ACT 


217 


delegates to be so elected by each of the political 
parties qualified to participate in the said election. 
Any political party shall be qualified to participate 
in the May presidential primary election which is 

qualified to participate in the August primary elec¬ 
tion according to the provisions of the “ direct pri¬ 
mary law. * ’ 

Nomination Paper—Filing of—Candidate’s Affi¬ 
davit. 

Sec. 3. The names of persons to be voted upon as 
delegates to the respective national conventions of 
the several political parties shall be printed upon 
the ballots of their respective parties upon the 
filing of nomination papers substantially as provid¬ 
ed in the direct primary law; provided, however, 
that the only party test that shall be required of 
each of the five qualified electors provided for in 
subdivision 2-b of section 5 of said direct primary 
law, shall be a declaration on his part in the docu¬ 
ment by which verification deputies are appointed 
that it is his intention to affiliate at the ensuing 
primary election with that political party for nomi¬ 
nation by which he is proposing a candidate or group 
of candidates for delegates; and provided, also, that 
the only party test that shall be required of each of 
the signers of the nomination paper of any candidate 
or group of candidates for delegate shall be a dec¬ 
laration by him made in such nomination paper that 
it is his intention to affiliate at the ensuing pri¬ 
mary election with that political party for nomina¬ 
tion by which he is signing such nomination paper, 
and that he has not signed the nomination paper of 
said candidate or group of candidates, or any other 
candidate or group of candidates, as candidate or 
group of candidates of any other party at said pri¬ 
mary election; provided, that, in the case of each 
party, nomination papers for candidates for dele¬ 
gates must be signed by the same number of electors 
as is required on the nomination paper of a candi¬ 
date for United States senator; and provided, also 
that whenever a candidate for delegate files a state- 


218 


PRESIDENTIAL PRIMARY ACT 


ment with the secretary of state, as hereinafter 
provided in this section, wherein as a delegate he 
enrolls himself with other delegates in expressing 
his preference for the same person as candidate for 
presidential nominee, there may be nominated by 
the same nomination paper the names of all such 
candidates for delegates who are included in such 
statement as have individually filed similar state¬ 
ments with the secretary of state. The form of 
nomination paper as set forth in section 5 of said 
direct primary law shall be changed for this pur¬ 
pose by substituting, in the appropriate place, for 
the name of a single candidate, as follows: “hereby 
nominate the following: 

Number 

Residence. Congressional 

Names. City or Town. County. District. 


1 . 

2 ... 

3. ..— 

(to 26 names, or such other number as may be re¬ 
quired) 

as candidates for delegate to the... 

national party convention, to be voted for at the 

primary election to be held on the...day 

of May, 19., ” and by making such other changes 

in said form as may be necessary. The verification 
deputies to obtain signatures on the nomination pa¬ 
per for such group of candidates for delegates may 
be appointed, either according to the provisions of 
subdivision 2-a of section 5 of said direct primary 
law, by said candidates for delegate joining together 
in the appointment of said deputies; or, according to 
the provisions of subdivision 2-b of said section 5, by. 
the 11 five registered qualified electors 11 appointing 
said deputies to obtain signatures for the nomination 
of all of said candidates whose names are grouped to¬ 
gether on the same nomination papers; provided, 
however, that the number of such candidates for 
delegates shall not be greater than the total num¬ 
ber of delegates to be elected by said party; and 

















PRESIDENTIAL PRIMARY ACT 


219 


provided, further, that the names of such candidates 
thus grouped together shall be so selected that the 
smallest number of such candidates who shall reside 
in any one congressional district shall be no less 
than the integer of the quotient obtained by divid¬ 
ing the number of the names of such candidates 
appearing upon the same nomination paper by the 
total number of congressional districts of the state, 
and that the largest number of such candidates who 
shall reside in any one congressional district shall 
be - no greater than twice said integer; and if not 
so selected said names shall not be grouped together 
on the ballot, but shall appear as individuals. 

Candidates for delegate grouped together on the 
same nomination paper and selected as aforesaid 
shall be similarly grouped, in the same order of 
names, upon the ballots of their party; provided, 
that such group of candidates for delegate has the 
endorsement of that candidate for presidential nom¬ 
inee for whom the members of said group have filed 
a preference, or the endorsement of such a state 
political organization created in support of the can¬ 
didacy of said presidential nominee as shall not be 
repudiated by him as lacking authority to make such 
endorsement; said endorsement, either of the candi¬ 
date or of the organization supporting him, to be 
filed with the secretary of state. No candidates for 
delegate not thus endorsed shall have their names 
printed upon the ballot in a group, but such candi¬ 
dates must appear as individuals; and further pro¬ 
vided, that the name of no candidate shall appear 
more than once on the ballot, and that any candi¬ 
date whose nomination paper is filed in more than 
one group, or in the same group differently ar¬ 
ranged, shall have his name printed on the ballot 
as a part of that group which has had first filed the 
endorsement as herein recited; provided, that one 
of the groups in which his name occurs has received 
such endorsement. Each candidate for election as 
delegate to his national party convention must file 
with the secretary of state not later than the time 


220 PRESIDENTIAL PRIM ART ACT 

of filing of the nomination papers containing his 
name, an affidavit substantially as provided in sec¬ 
tion 5 of the 11 direct primary law, ’ ’ and may also 
include with his affidavit the following statement: 

Delegate’s Statement. 

“I personally prefer.as nom¬ 

inee of my political party for president of the 
United States, and hereby declare to the voters of 
my party in the State of California that if elected 
as delegate to their national party convention, I 
shall, to the best of my judgment and ability, sup¬ 
port said.as nominee of my party 

for president of the United States” (filling in the 
blanks by inserting his choice for such nominee). 
But the neglect or failure of any candidate to in¬ 
clude any statement of preference for presidential 
nominee shall not be a valid ground on the part of 
the secretary of state for refusal to receive and file 
the nomination paper containing his name. 

However, each candidate for delegate whose* name 
is filed upon a nomination paper together with the 
names of other candidates, as hereinbefore in this 
section provided, in order to have his name printed 
upon the ballot in a group with such other names, 
must file such statement of preference, and shall 
add to it the following: 

“And I hereby enroll myself in the expression of 
preference for said...for presi¬ 

dential nominee, as one of the following named can¬ 
didates for delegate: 


Etc. 

(the blanks immediately following the word “dele¬ 
gate” being filled in by the printed or typewritten 
names of all the candidates for delegate, including 
the signer, whose names appear upon the same nom¬ 
ination paper in accordance with the provisions of 
this section). 

(Signed) .....” 

Amendment approved Jan. 11, 1916. 






PRESIDENTIAL PRIMARY ACT 221 

Arrangement of Names of Delegates on Ballot. 

Sec. 4. The names of the candidates for delegate 
of any political party shall be arranged upon the 
ballot of such party in parallel columns, the various 
candidates for delegate appearing in these columns 
under their preference for president according to 
the provisions of section 3 of this act. That group 
of candidates which shall first file its nomination 
paper with the secretary of state shall be entitled 
to the first or left hand column; the group which 
next files its nomination paper shall be entitled to 
the second column; and similarly for all other 
groups. The left hand column shall be headed in 
heavy face, ten point, gothic type, the following: 

“Candidates preferring ...” 

(The blank being filled in by the name of that can¬ 
didate for presidential nominee for whom the mem¬ 
bers of the group in said left hand column have ex¬ 
pressed a preference.) The second column shall be 
similarly headed except that the name of the can¬ 
didate shall be that preferred by the members of 
the group in said second column; and so on for as 
many columns as may have groups who have ex¬ 
pressed a preference for presidential nominee. 

To the right of the last column headed by the 
name of a candidate for presidential nominee shall 
be a column headed by the words “No prefer¬ 
ence,” in heavy face, ten point, gothic type, in 
which column shall appear the names of all can¬ 
didates for delegate who have expressed no pref¬ 
erence for presidential nominee, or who have ex¬ 
pressed a preference for a presidential nominee who 
has not endorsed said candidates, either personally 
or through the state political organization created 
in support of his candidacy, as such endorsement 
is provided for in section 3 of this act. To the 
right of the last column shall be a column headed 
by the words “Blank column” in heavy face, ten 
point, gothic type, which column shall contain as 
many blank spaces as there are delegates to be 



PRESIDENTIAL PRIMARY ACT 


2°2 

elected by the political party concerned. In case 
that there are no names of candidates for delegate 
to be placed in a “No preference column,” such 
“No preference column’’ shall be omitted from 
the ballot, and the “Blank column” as herein pro¬ 
vided for shall be placed to the right of and con¬ 
tiguous to the last column headed by the surname 
of a candidate for presidential nominee. 

The names of the various candidates for dele¬ 
gates shall be printed in eight point, roman capital 
type, under their respective preferences for presi¬ 
dential nominee or in the no preference column, as 
heretofore provided in this act. The names of each 
group on the ballot shall be numbered in heavy 
face, eight point type. The order of names for 
each column upon the ballot shall be the same as 
the order in which such names were filed with the 
secretary of state; provided, that above the indi¬ 
vidual names in each column, if any, shall appear 
the group of names, if any, which has received the 
endorsement referred to in section 3 of this act. 

A blank column one half inch wide shall be left 
upon the ballot opposite each group of names and 
to the right of the column of voting squares for 
the individual names and separated from it by a 
light dotted line, which blank column shall contain 
a square in which may be stamped a cross (X) 
which shall bp counted as a vote for each and 
every name in the group opposite. Lengthwise 
along this blank column shall be printed “A cross 
(X) stamped in this square shall be counted for 
each name of the group to the left.” The line 
separating any name from any other name not in 
a group or from any group of names shall be 
heavier than any line separating the individual 
names in such group, and shall extend across the 
blank column provided for in this paragraph. Be¬ 
low the top line of this extension shall be printed 
in small heavy face type tJie words ‘ ‘ top of group, ’ ’ 
and above the bottom line of the extension, the 
words “end of group.” 


OFFICIAL PRESIDENTIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Third Assembly District, May .14, 1912 

To ,.u for . pm« -h-o name *PP~rs « th. ballot. stomp . ores. ( X ) l» th. « *. UOHT of the name th. p.™ 70a desire to rote; or if you with to vole foe H of . poop p.„.„ , u „. , 

J* SQUXTS opposite such STOOD. which cross ihsll h* /nr Hell ■>ma of )k« S t_a_ . 0 .. 


te the square opposite such group, which cross .hull b« coohtod for each no, of Iho group. A group consist. of candidates for dslegat. oomtoaled ou tho 
th. ballot, write his uauio to tho blank span provided for that purpose; and it ia optional, but not necessary. to stomp . cro,. after such > 


cross (X) 


s&m« nomination peper To rot* for a person whoso name is not printed « 


Tor DegeUte. to National Convention. Vote for 26, sither as individual. or by group. But do not vote for more than 26.- 





JOHN P MONROE 

Candidates Preferring 

WILLIAM ADAM8 

' 

Candidates Preferring 

HENRY JACKSON 

! t. JOHN SMITH 

Top of 
group. 

1. ANDREW LEWIS 

Top of 

1. THOMAS TUCKER 

Top of 

2 CHARLES BROWN 



Z JAMES CONNORS 


Z WILLIAM REED 


\ 

1 JOSEPH CANNON 



1 HENRY HOFFMAN 


i 

3. JAMES WILSON 


1 

4 C. P HENRY 



4 FRANK CHURCH 



4 JOHN BROWN 



S GEORGE A HALL 


: ► 

S GEO. WATSON 


> 

S H. P GOODMAN 


6 JOHN BORT 


Q 

- i 

6. EDWARD PEASE 


1 

6 J. B SMITH 

1 

7. FRANK GOOD 


X 

i 

•0 

• 

tx 

7. ROBERT LLOYD 


• X 

7. E J JONES 


X 

i 

S 

(X 

! A ROBERT HANSON 


& ROBERT PRINCE 


5 

1 ® 

0 . 

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9 FRANK HANLON 


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IB FRED MARTIN 


k 

10 GEORCE CARPENTER 


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11. CHAS B. HAMILTON 


II IIENRY SJMMES 


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II L D. JOHNSON 


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r 

11 DANIEL SNOW* 


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12 ANDREW TURNER 


n 

11 JOHN CRAHAM 

S’ 

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13 WALTER SCOTT 


i 

11 F C DONAHUE 


i- 

1 

s 

14 GEO P GOLDEN 

S' 

; s 

14 EDWARD KINO 


S' 

8 

1 

t 

14 D L TAYLOR 


IS THOMAS GIBBON 


i 

IS FRED TYLER 


IS JOHN THOMPSON 


0 

a 

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14 HENRY CARDNER 


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16. WILLIAM BROOKS 


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14 O T MOORE 


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17 CHAS M. FRENCH 


17. JOHN CORMAN 


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17 L J. CARSON 


I& DAVID FOWLER 


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l& FRANK MrCLURE 


e 

18 F C JONES 



1ft LOUIS FREEMAN 


i 

19. HARRY WRIGHT 


1 

19 JOHN SAMTER 


i 

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2B JACOB DUNBAR 


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2A CHARLES YOUNC 


s 

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20 E F JOHNSON 


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21. HENRY DOYLE 


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21 DAVID BALL ■ 


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22 HERMAN DAVIS 



22 EUGENE CAHILL 



21 PKtER HEAD 



Zl FRED CLARK 



2J. ANDREW GREEN 



23 L T WILLIAMS 



24 ROBERT BURNETT 

; 


24 EDWARD WHITE 



24 ELLIS THORNTON 



2S JOHN BUSIIKELL 



25 JAMES GIBSON 



2S HUGH CONWAY 



24 CHARLES MARTIN 

End of 
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24 GEO. MERRILL 

End of 
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26 E T WILLIAMSON 

End of 
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THOMAS F BRADLEY 


FRF.O A. CHAMBERS 


FRANK D ARMES 


DAVID JONES 





R. G. KENNY 








EDWIN MILLER 










No Preference Column 


JAMES CONWAY 


EVERETT WILLIAMS 


WALTER P SHORT 


EDWIN LONG 


JOHN COULTER 


D V ELLISON 


ANDREW BUSH 


PERRY ALJ.IyN 


SAM BILLINGS 


ARTHUR CALE 


Blank Column 























































































































































































292 


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PRESIDENTIAL PRIMARY ACT 


223 


Alternates to Convention. 

Sec. 5. The delegates to each national party con¬ 
vention elected at the May presidential primary 
election, shall, before leaving the state to attend 
the convention, meet together and select alternates 
to the convention. The number of alternates to be 
selected shall be no greater than one for each dele¬ 
gate, and each alternate must be selected from the 
congressional district of the delegate for whom he 
is an alternate; and the method of selection shall 
be as determined upon by the majority of the whole 
number of delegates who have been elected to the 
convention. The duties of an alternate shall be 
those usually appertaining to that position, and as 
prescribed by each party in the call for its national 
convention. The alternate of any such delegate as 
may be unable to attend the convention, shall at¬ 
tend the convention in his place, and shall other¬ 
wise discharge the duties of said delegate, but shall 
not vote in place .of said delegate when said dele¬ 
gate is occupying his seat at the convention. 

What Registration Used. 

Sec. 6. For purposes of the May presidential pri¬ 
mary election only the new registration, beginning 
on January 1st of the year in which such May 
presidential primary election is held, shall be used. 
Any person registered in accordance with the pro¬ 
visions of this section and of section 1096 of the 
Political Code and who, on asking for his party 
ballot at the polls, writes, or has written, and 
declares his political affiliation as in this section 
provided, shall be qualified to vote at such election. 
On writing his name or having it written for him on 
the roster, as provided by law for general elections 
in this state, he shall likewise write or have written 
upon the roster the name of the political party with 
which he intends to affiliate in voting for candidates 
for office at the next ensuing November election 


224 


PRESIDENTIAL PRIMARY ACT 


He shall then, in an audible tone of voice, declare 
to the election officer from whom he receives his 
ballot the name of such political party with which 
he intends to affiliate, and the clerk whose duty it is, 
according to law, to write the name of the elector 
on the poll list, shall also write opposite such name 
the name of said political party with which the elec¬ 
tor declares it his intention to affiliate. Thereupon 
said elector shall be given the ticket of that political 
party only with which he thus declares' himself af¬ 
filiated and he shall be permitted to vote only such 
ticket. Any person qualified by the provisions of 
this section to vote at any May presidential primary 
election shall also be qualified to sign the nomina¬ 
tion papers of any person to be voted upon at such 
primary election. [Amendment approved Jan.‘ 11, 
1916.] 

Form of Ballot—Instructions to Voters. 

Sec. 7. The ballot to be used at the May presi¬ 
dential primary election shall be prepared accord¬ 
ing to the provisions of sections 3 and 4 of this 
act, and also according to such provisions of the 
“direct primary law” as are applicable to this act 
and not in conflict with its provisions; provided, 
that the words at the top of the ballot shall be 
“Official presidential primary election ballot,” 
and that the instructions to voters shall be as fol¬ 
lows: “To vote for a person whose name appears 
on the ballot, stamp a cross (X) in the square at 
the right of the name of the person for whom you 
desire to vote; or if you wish to vote for all of a 
group of persons, stamp a cross (X) in the square 
opposite such group which cross shall be counted 
for each name of the group. A group consists of 
candidates for delegates nominated on the same 
nomination paper. To vote for a person whose 
name is not printed on the ballot, write his name 
in the blank space provided for that purpose; and 
it is optional, but not necessary, to stamp a cross 
after such name.” 


PRESIDENTIAL PRIMARY ACT 225 

There shall be printed in heavy face, twelve 
point, gothic type, across the page above the col¬ 
umns of candidates for delegates, the words, “For 

delegates to national convention vote for., 

either as individuals or by group, but do not vote 

for more than. ” (the blanks being filled 

in by the number of delegates to be elected by the 
political party concerned). 

The ballot shall be printed substantially in the 
following form: 

County Clerk Supply Official Ballots—Sample Bal¬ 
lot—Distribution and Size of. 

Sec. 8. The county clerk of each county, or reg¬ 
istrar of voters in any city or county, shall dis¬ 
tribute to each precinct, as near as may be, twice 
as many official ballots for each party as were cast 
in the precinct for the candidate of that party for 
United States senator at the last election in this 
state at which a United States senator was elected; 
and if the number of ballots so furnished proves 
insufficient, additional ballots must be furnished 
by the county clerk on demand by the board of 
election officials of the precinct. One sample bal¬ 
lot of each party shall be mailed to every elector 
entitled to vote at the May presidential primary 
election, not more than ten days nor less than five 
days before the election. This sample ballot for 
each party shall be one half the dimensions, as 
near as may be, of the official ballot for such party, 
and shall otherwise be of the same form, and con¬ 
tain the same names and heading, as the official 
ballot; and above the first line of said heading 
shall appear the words “Sample ballot (reduced to 
one-quarter size) of the.” 

Provisions of Direct Primary Law Applicable. 

Sec. 9. The provisions of the direct primary law 
shall govern the May presidential primary election 
in so far as said provisions are applicable to said 




226 


PRESIDENTIAL PRIMARY ACT 


election and are not inconsistent with or in conflict 
with the provisions of this act. [Amendment ap¬ 
proved Jan. 11, 1916.] 

Preparation of Forms. 

Sec. 10. It shall be the duty of the secretary 
of state and the attorney general to prepare, on 
or before the first day of January, 1916, all forms 
necessary to carry out the provisions of this act, 
which forms shall be substantially followed in all 
presidential primary elections held in pursuance 
hereof. 

Name of Act. 

Sec. 11. This act shall be known as the presi¬ 
dential primary act. 

Conflicting Acts Repealed. 

Sec. 12. The act approved December 24, 1911, 
known as the presidential primary act, is hereby 
repealed, and all other acts and parts of acts incon¬ 
sistent with or in conflict with the provisions of 
this act are also hereby repealed. [New section 
approved Jan. 11, 1916.] 

Date of Election. 

Sec. 13. The first May presidential primary elec¬ 
tion held under the provisions of this act shall be 
held on the second day of May,'1916, and a presi¬ 
dential primary election to be held on said second 
day of May, 1916, is hereby called and provided for. 
[New section approved Jan. 11, 1916.] 

This act, inasmuch as it calls an election and pro¬ 
vides the procedure therefor, shall, under the pro¬ 
visions of article IY, section 1, of the Constitution, 
take effect immediately. 


ELECTION CAMPAIGNS 


227 


CONDUCT OF ELECTION CAMPAIGNS. 

An Act to regulate the conduct of election cam¬ 
paigns, and repealing an Act entitled “An Act 
to promote the purity of elections by regulating 
the conduct thereof, and to support the privilege 
of free suffrage by prohibiting certain acts and 
practices in relation thereto, and providing for 
the punishment thereof,” approved February 23. 
1893. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Itemized Statement to Be Filed by Candidate. 

Section 1. Every candidate who is voted for at 
any public election held within the State shall, 
within fifteen days after the day of holding such 
election, file, as hereinafter provided, an itemized 
statement, showing in detail all moneys paid, loaned, 
contributed, or otherwise furnished to him, or for 
his use, directly or indirectly, in aid of his election, 
and all moneys contributed, loaned, or expended by 
him, directly or indirectly by himself or through 
any other person, in aid of his election. Such state¬ 
ment shall give the names of the various person* 
who paid, loaned, contributed or otherwise furnished 
such moneys in aid of his election, and the names of 
the various persons to whom such moneys were con¬ 
tributed, loaned or paid, the specific nature of each 
item, the service performed, and by whom perform¬ 
ed, and the purpose for which the money was ex¬ 
pended, contributed or loaned. 

If the candidate seeks to avoid the responsibility 
of any illegal payment made by any other person in 
his behalf, he shall set out such illegal payment and 
disclaim responsibility therefor. Candidates for office 
to be filled by the electors of the State, or of any 
political division thereof greater than a county, and 
for members of the Senate and Assembly, Repre- 


228 


ELECTION CAMPAIGNS 


sentative in Congress, or for Members of the State 
Board of Equalization, or State Board of Railroad 
Commissioners, shall file their statements in the 
office of the Secretary of State.. Candidates for all 
other offices shall file their statements in the office 
of the Clerk of the county wherein the election is 
held, and within which the duties of the office for 
which the candidate is voted for are to be exercised. 
The statement of a committee or candidate shall be 
recorded in the office of the County Recorder, and 
shall, after being filed, become a public record, and 
open at all times to public inspection, and no fee 
or charge whatsoever shall be collected or made by 
any officer herein specified for filing or recording 
any statement required to be filed or recorded under 
the provisions of this act. 

Vouchers must be filed for all expenditures, ex¬ 
cel^ in the case of sums under five dollars. 
[Amendment June 6, 1913.] 

Committee—Duty of. 

Sec. 2. Every committee organized for the pur¬ 
pose, or charged with the duty of conducting the 
election campaign of any political party, or of any 
candidate or candidates, shall appoint a treasurer, 
who shall receive and disburse all moneys contrib¬ 
uted for such campaign purposes, and keep a true 
account thereof, and shall, in the same manner as 
herein required of candidates, file an itemized state¬ 
ment of all money received or disbursed by him 
as such treasurer. 

What Are Legitimate Expenses. 

Sec. 3. No sum of money shall be paid and no 
expense incurred by or on behalf of any candidate 
or campaign committee as defined in Section 2 of 
this Act, or any body of superior authority, to 
which such committee is subject, if any, whether 
before, during or after an election, on account of 
or in respect of the conduct or management of such 
election, except for the expenses of holding and 


ELECTION CAMPAIGNS 


229 


conducting public meetings for the discussion of 
public questions, and of printing and circulating 
specimen ballots, handbills, cards, and other papers 
previous to such election, and of advertising and of 
postage, expressage, telegraphing and telephoning, 
and of supervising the registration of voters, and 
watching the polling or counting of votes cast at 
such election, and of salaries of persons employed 
in transacting business at office or headquarters and 
necessary expenses of maintaining the same, and 
for rent of rooms necessary for the transaction of 
the business of candidate or committee, or superior 
authority to which such committee is subject, if 
any, and for necessary incidental expenses, which 
shall not exceed the sum of one hundred dollars, if 
expended by a candidate, or one thousand dollars, if 
expended by a committee; and no sum shall be paid 
and no expense shall be incurred, directly or in¬ 
directly, by or on behalf of a candidate, whether 
before, during or after an election, on account of 
or in respect of the conduct and management of an 
election at which he is a candidate, in excess of the 
maximum amount following, that is to say: if the 
term of the office for which the person is a candi¬ 
date be for one year or less, five per centum of the 
amount of one year’s salary of the office; if the 
term be for more than one year, and not more than 
two years, ten per centum of the amount of one 
year’s salary of the office; if the term be for more 
than two years, and not more than three years, fif¬ 
teen per centum of the amount of one year’s salary 
of the office; if the term be for more than three 
years, and not more than four years, twenty per 
centum of the amount of one year’s salary of the 
office; if the term be for more than four years, 
ten per centum of the amount of one year’s 
salary of the office; if the office be one for which, in 
lieu of a salary, there is allowed per diem, for a 
statutory period, or for the number of days actually 
engaged in the performance of public duties, twenty- 


230 


ELECTION CAMPAIGNS 


five per centum of the amount to accrue for the stat¬ 
utory period; if the office be one for which, in lieu of 
a salary, a yearly sum is allowed the officer for all 
the expenses of his office, the expenditures of the 
candidate for such office shall not exceed the amount 
of ten per centum of the allowance for such office 
for one year; if the office be one for which no 
salary or compensation is allowed, except fees, or a 
salary not exceeding nine hundred dollars per an¬ 
num and fees, the expenditures of the candidate for 
such office shall not exceed the amount of one hun¬ 
dred and fifty dollars; if the office be one for which 
no salary or compensation is allowed, or for which 
a per diem is allowed for the days actually employed 
in the performance of a public duty, the expendi¬ 
tures of the candidate for such office shall not ex¬ 
ceed one hundred dollars; if the candidate is also 
at the same time a candidate for an unexpired term, 
he shall not pay or expend any sum on account of 
such unexpired term, but the maximum amount to 
be expended by such candidate shall be as herein¬ 
above provided. 

Presentment and Payment of Claims. 

Sec. 4. Every claim payable by a committee as 
defined in Section 2 of this Act on account of or 
in respect of any expense incurred in the conduct 
and management of an election held within this 
State, or on behalf of the candidates of the political 
party, organized assemblage, or body which such 
committee represents, must be presented to the com¬ 
mittee within ten days after the return day of the 
election, and if not so presented, the same shall not 
be paid, and no action shall be commenced or main¬ 
tained thereon, and all expenses incurred as afore¬ 
said shall be paid within fifteen days after the com¬ 
pletion of such official canvass, and not otherwise. 
Every claim in respect of any expenses incurred by 
or on behalf of a candidate at an election held 
within this State on account of or in respect of 


ELECTION CAMPAIGNS 


231 


the conduct or management of such election shall 
be presented to such candidate within ten days after 
the day of election, and if not so presented the 
same shall not be paid, and no action shall be insti¬ 
tuted or maintained thereon; and all such expenses 
incurred as aforesaid must be paid within twelve 
days after the day of election, and not otherwise. 
Any person who makes a payment in contravention 
of this section, except where such payment is al¬ 
lowed, as provided by this Act, is guilty of a mis¬ 
demeanor. 

Claims Not Presented in Time—How Allowed. 

Sec. 5. The Superior Court of the county in 
which such statement is filed or is required to be 
filed, may, on the application of either the com¬ 
mittee or candidate, or a creditor of either, allow 
any claim not in excess of the maximum amount 
allowed by this Act, to be presented and paid after 
the time limited by this Act; and a statement of 
any sum so paid, with a certificate of its allowance, 
shall forthwith, after payment, be filed by the com¬ 
mittee or candidate in the same office as the origi¬ 
nal statement of the committee or candidate. If 
the candidate or committee, upon such application, 
shall show to the satisfaction of said court that 
any error or false recital in such statement, or that 
the failure to make such statement or to present, 
within the designated time, a claim otherwise just 
and proper, has been occasioned by the absence or 
illness of such candidate, or by the absence, illness 
or death of one or more members of such committee, 
or by the misconduct of any person other than such 
applicant, or by inadvertence or excusable neglect, 
or of any reasonable cause of a like manner, and 
not by reason of any want of good faith on the 
part of the applicant, the court may, after such 
notice of the application as the court may require, 
and on the production of such evidence of the facts 
stated in the application as shall be satisfactory to 


232 


ELECTION CAMPAIGNS 


such court, by order, allow such statement to be 
filed, or such error or false recital therein to be 
corrected, or such claims to be paid, as to the court 
seems just; and such order shall relieve the appli¬ 
cant from any liability or consequences under this 
Act in respect of the matters excused by the order. 
If the application is made by a creditor, the court 
may, under like conditions and upon a like show¬ 
ing, order the claim to be paid, and the creditor 
shall also be entitled to his costs. The claims of 
one or more creditors may be united in such applica¬ 
tion, but the amount and specific nature of each 
claim must be fully stated. 

Rules Regarding Places Where Liquor Is Sold. 

Sec. 6. No payment of any money shall be made 
by a committee or candidate for the rent of any 
premises to be used as a committee room or head¬ 
quarters, or for holding a meeting, or for the pur¬ 
pose of promoting the election of a candidate, or 
on account of, or in respect to the conduct or man¬ 
agement of an election, where intoxicating liquors 
are sold for consumption on the premises, or where 
intoxicating liquor is supplied to members of any 
club, society or association; provided, that nothing in 
this section shall apply to any part of such premises 
which is ordinarily let for the purposes of offices, 
or for holding public meetings, if such part has a 
separate entrance and no direct communication with 
any part of the premises on which any intoxicating 
liquor or refreshment is sold or supplied as afore¬ 
said. 

Name of Printer. 

Sec. 7. Every bill, placard, poster, pamphlet or 
other printed matter having reference to an election, 
or to any candidate, shall bear upon the face thereof 
the name and address of the printer and publisher 
thereof, and no payment therefor shall be made or. 
allowed unless such address is so printed. 


ELECTION CAMPAIGNS 


233 


Act of 1893 Repealed. 

Sec. 8. An Act entitled “An Act to promote the 
purity of elections by regulating the conduct there¬ 
of, and to support the privilege of free suffrage by 
prohibiting certain acts and practices in relation 
thereto, and providing for the punishment thereof/’ 
approved February 23, 1893, and all other Acts and 
parts of Acts inconsistent with this Act are hereby 
repealed; provided, that no provision of this Act 
shall be construed so as to repeal any provision of 
Title IY of Part I of the Penal Code, entitled “Of 
Crimes Against the Elective Franchise.’’ 

Penalty. 

Sec. 9. Any person offending against any of the 
provisions of this Act shall be guilty of a misde¬ 
meanor, and be dealt with as provided in the Penal 
Code. 

Who Is Competent Witness. 

Sec. 10. A person offending against any provis¬ 
ions of this Act is a competent witness against an¬ 
other person so offending, and may be compelled to 
attend and testify upon any trial, hearing, proceed¬ 
ing, or lawful investigation or judicial proceeding, 
in the same manner as any other person. If such 
person demands that he be excused from testifying 
on the ground that his testimony may incriminate 
himself, he shall not be excused, but in that case the 
testimony so given shall not be used in any prose¬ 
cution or proceeding, civii or criminal, against the 
person so testifying, except for perjury i» giving 
such testimony, and he shall not thereafter be liable 
to indictment or presentment by information, nor to 
prosecution or punishment for the offense with refer¬ 
ence to which his testimony was given. No person 
shall be exempt from indictment, presentment by in¬ 
formation, prosecution or punishment for the offense 
with reference to which he may have testified as 
aforesaid when such person so testifying does so 
voluntarily or when such person so testifying fails 


234 


VOTING MACHINES 


to ask to be excused from testifying on the ground 
that his testimony may incriminate himself, but 
in all such cases the testimony so given may be 
used in any prosecution or proceeding, civil or crim¬ 
inal, against the person so testifying. Any person 
shall be deemed to have asked to be excused from 
testifying under this section unless, before any tes¬ 
timony is given by such a witness, the judge, fore¬ 
man or other person presiding at such trial, hearing, 
proceeding or investigation, shall distinctly read 
this section to such witness, and the form of the 
objection by the witness shall be immaterial if he 
in substance makes objedtion that his testimony 
may incriminate himself, and he shall not be 
obliged to object to each question, but one objection 
shall be sufficient to protect such witness from 
prosecution for any offense concerning which he 
may testify upon such trial, hearing, proceeding or 
investigation. 

Sec. 11. This Act shall take effect and be in 
force from and after its passage. 


VOTING MACHINES. 

A.n Act creating a State Commission on voting or 
balloting machines, defining their powers, and 
providing for the use at the option of indicated 
local authorities of voting or ballot machines for 
receiving and registering the vote in one or more 
precincts of any county? or city and county, city 
or town, at auy or all elections held therein, and 
for ascertaining the result at such elections; and 
providing for the punishment of all violations of 
the provisions of this Act. 

[Approved March 20, 1903; amended March 19 , 
1907; amended April 21, 1911; amended Janu¬ 
ary 22, 1912.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 


VOTING MACHINES 235 

Creation of State Commission on Voting—Approval 

of Machines. 

Section 1. 1. The Governor, Secretary of State 

and Attorney-General, and their successors in office 
are hereby created and constituted the State Com¬ 
mission on voting or ballot machines. It shall be 
the duty of said Commissioners to examine all vot¬ 
ing or ballot machines which may be offered for 
their inspection in order to determine whether such 
machines comply with the requirements of this act, 
and can safely be used by voters at elections under 
the provisions of this Act; and no machine or ma¬ 
chines shall be provided by the Board of Super¬ 
visors, or other board having charge and control of 
elections in each of the counties, and cities and 
counties, cities or towns of the State, unless the 
said machine or machines shall have received the 
approval of a majority of said Commission as 
herein provided. 

2. Any machine or machines which shall have 
the approval of a majority of said Commission may 
be provided for use at elections by the boards 
authorized so to do under the provisions of this 
Act. The report of said Commission on each and 
every kind of voting or ballot machine shall be 
filed with the Secretary of State within thirty days 
after their examination of said machines, and the 
Secretary of State must within five days after the 
filing of any report approving any machine or 
machines, transmit to the Boards of Supervisors or 
other boards having charge and control of elec¬ 
tions in each of the coufities and cities and coun¬ 
ties, cities or towns of the State, a list of the 
machines so approved. 

3. No machine or machines shall be used unless 
such machine or machines shall have received the 
approval of the State Commission at least ninety 
days prior to any election at which such machine or 
machines are to be used. 

4. For carrying out the previsions of this Act the 
members of the State Commission under this Act 
shall be allowed their actual necessary expenses. 


VOTING MACHINES 


236 

Supervisors or Other Board May Require Use Of. 

ISec. 2. The Board of Supervisors, or other board 
having charge and control of elections in each of 
the counties, and cities and counties, cities or towns 
of the State, may at any regular meeting, or at any 
special meeting called for the purpose, provide for 
and require the use of a voting or ballot machine, 
or machines for receiving and registering the vote 
at any or all elections held in such county, city and 
county, city or town, respectively, or in any one or 
more precincts thereof, and every such Board of 
Supervisors, or other board having charge and con¬ 
trol of elections in each of the counties, and cities 
and counties, cities or towns of the State, may 
determine upon and require the use of voting, or 
ballot machines at any and all elections to be held 
within such county, city and county, city or town 
of the State, or in any one or more precincts thereof, 
and thereupon the voting or ballot machine or ma¬ 
chines so determined upon and required shall be 
used in voting for all public officers or candidates 
for nomination to public office, to be voted for 
by the voters of such counties, cities and counties, 
cities or towns of the State, or in the precinct or 
precincts thereof, for which the same shall have 
been so determined upon and required, and also in 
voting upon all amendments to the Constitution, 
and upon all laws or propositions or questions which 
may be lawfully submitted to such voters, and for 
receiving and registering the votes cast at any and 
every such election. Any such board so authorized 
to provide for and require the use of a voting or 
ballot machine as hereinbefore specified, may, if the 
machine has been approved as in this act required, 
at its option resolve to provide and use only such 
a voting or ballot machine so constructed and ar¬ 
ranged that the voting or ballot machine will not 
permit of voting a straight party ticket, or for any 
candidate, by any other method than by turning or 
pushing the keys separately of each voting space, 
for each separate candidate voted for. Party nomi¬ 
nations may be designated by usual or reasonable 


VOTING MACHINES 


237 


abbreviation of party names. [Amendment ap¬ 
proved April 21, 1911; in effect immediately.] 

Provision for Purchase and Care of. 

Sec. 3. In purchasing the necessary voting or 
ballot machines to be used at elections, as herein 
provided, the Boards of Supervisors of the several 
counties, and the Legislative bodies of the incor¬ 
porated cities and towns therein, may, by agree¬ 
ment, entered into by said Board of Supervisors 
and the legislative body of any incorporated city or 
town in such county, provide for the joint purchase 
and subsequent ownership thereof, and for the care, 
maintenance and use of the same. 

Requisites of Machine. 

Sec. 4. No voting or ballot machines shall be ap¬ 
proved by the said Board unless the same be so 
constructed as to provide facilities for voting for 
the candidates of as many different parties or or¬ 
ganizations as may make nominations for office and 
for and against as many different propositions or 
amendments as may be submitted, nor shall any 
such machine be approved unless the same will per¬ 
mit a voter to vote for any person for any office; 
it must enable the voter to vote and select a ticket 
all from the nominees of one party or a ticket 
selected in part from the nominees of one party 
and in part from the nominees of any or all other 
parties, and in part from independent nominations, 
or in part or in whole of the names of persons not 
nominated by any party or upon any independent 
ticket; such machines must also secure to the voter 
privacy and secrecy in the act of voting; such 
machines must also be so constructed that a voter 
can not vote for a candidate or a proposition or 
amendment for whom or on which he is not lawfully 
entitled to vote, also to prevent voting for more 
than one person for the same office, except in cases 
where the voter is lawfully entitled to vote for 
more than one person for the same office, in which 


238 


VOTING MACHINES 


event they must enable the voter to vote for as 
many persons for that office as he is by law entitled 
to vo.te, and no more; they must also prevent his 
voting more than once for the same person for the 
same office; and allow of his reversing his vote in 
case of mistake or desire to change; and such ma¬ 
chines must be so constructed that all votes cast 
for any person voted for, or for or against any 
proposition or amendment submitted to the voters 
shall be accurately registered or recorded, and any 
machine to be approved by said Board must be of 
such kind, style or pattern as will permit the exer¬ 
cise by each voter of the full right and privilege 
of his elective franchise under the Constitution 
and laws of this State. All voting machines ap¬ 
proved by the State Commission shall have a sepa¬ 
rate voting device for each candidate appearing 
on the ballot. Such machines may also have thereon 
a straight ticket device for each of the parties for 
voting a straight ticket vote for candidates of such 
party; but if so equipped with separate straight 
ticket voting devices, such separate straight ticket 
voting device must be locked out of operation. 
Machines which have been approved with such 
straight ticket mechanism thereon may be used in 
elections with such mechanism rendered inopera¬ 
tive, and machines with such straight ticket mech¬ 
anism entirely removed therefrom, or machines 
which omit a party designation of candidates by 
column or line which have been approved, may be 
used in such elections, and the omission, removal, 
or locking out of operation of such straight voting 
mechanism from the machine that has otherwise 
been approved by the commission, need not require 
a further examination and approval of a machine 
of that type. 

The ballot at any election, whether general, pri¬ 
mary, municipal, or otherwise, shall be arranged 
upon the voting machine as to the order of offices, 
order of candidates’ names, and in other respects 
for such election, as required by the law prescribing 
the form and order of the baliot for such election; 


VOTING MACHINES 


239 


provided, however, that blank spaces for the writing 
in of the names of candidates or delegates or per¬ 
sons to be voted for, whose names are permitted 
to be written upon a ballot or pasted thereon by 
adhesive substance, under the law prescribing the 
form of the ballot, for the election, need not fol¬ 
low in the same order or place or places, upon a 
voting machine, as is prescribed in the law prescrib¬ 
ing the form of ballot for the election, if the said 
voting machine be so constructed and capable of 
operation that all persons who by the law pre¬ 
scribing the form of ballot for the election are 
entitled to be voted for by writing in the name 
of such person, or pasting thereon the name of such 
person by adhesive substance, may be voted for 
by and upon said voting machine, and such votes 
counted and returned as fully, correctly and effectu¬ 
ally as might have been done by the use of the 
form of ballot prescribed by law for the election, 
in case no voting machine had been used. The bal¬ 
lot may be placed upon the machine so the col¬ 
umns will extend either vertically or horizontally, 
if in all other respects save as to the said blank 
spaces the ticket i& in the form and order which 
would exist if the election were held by ballot and 
without a voting machine. [Amendment approved 
January 22, 1912; in effect March 24, 1912.] 

Number of to Be Used. 

Sec. 5. The Board of Supervisors or other board 
having charge and control of elections adopting a 
voting or ballot machine shall, as soon as prac¬ 
ticable thereafter, provide for such polling place 
or places, as they may determine, one or more 
voting machines in complete working order and also 
such other accessories as may be required for the 
practical working of the machine and shall there¬ 
after preserve and keep the machines in repair, and 
shall have custody of the furniture and equip¬ 
ment. If it shall be impracticable to supply each 
and every election precinct with a voting or ballot 
machine or machines a]; any election following such 


240 


VOTING MACHINES 


adoption, as many may be supplied as it is prac¬ 
ticable to procure, and the same may be used in 
such election precincts within the county, or city 
and county, city, or town, as the board having con¬ 
trol may direct. Where the board having charge 
ana control of elections, is not the board having 
control of appropriations of money generally for 
the territory, but receives its appropriation from 
the boa.rd of supervisors, or board having control 
of appropriations of money generally for the terri¬ 
tory, then and in such event the board of super¬ 
visors or board having control of appropriations of 
money generally for the territory represented by 
such board so having charge and control of elec 
tions, shall have exclusive power to purchase or 
otherwise provide voting or ballot machines for 
use in such territory. The board of supervisors 
or board having control of the finances of any 
county, city and county, or political subdivision, 
shall have power to sell, lease, alter, exchange, or 
otherwise at its discretion dispose of any voting 
machine or voting machine appliances owned by 
such county, or city and county. [Amendment 
approved April 21, 1911; in effect immediately.] 

Stationery and Instructions—When to Be Delivered. 

Sec. 6. The county clerk, registrar of voters, or 
city or town clerk, as the case may be, shall not 
later than twenty-four hours next preceding the 
election, cause to be delivered to one of the inspec¬ 
tors of election, duly appointed, at his residence, 
all necessary supplies, stationery, blank forms, poll 
and tally lists, and instructions to voters, necessary 
and proper to the conduct of the election and to 
the counting and canvassing of the votes, and the 
return thereof, which forms, blanks, lists, and other 
stationery shall have been previously prepared by 
the said county clerk, registrar of voters, or city 
or town clerk, as the case may be, in such manner 
as to be adapted to the conducting and returning of 
such election by such voting or ballot machines as 
are used at the election. The supplies previously 
mentioned to be delivered to such inspector, shall, in 


VOTING MACHINES 


241 


addition to all other necessary forms, lists, or 
blanks, include one card stating the penalty for 
tampering with or injuring a voting machine; two 
seals for sealing voting machines; one envelope in 
which the keys to the voting machine are sealed, 
said envelope to have printed or written thereon 
the number and location of the election precinct 
in which the machine is to be used, the number of 
the machine, the number shown on the protective 
counter thereof, after the machine has been pre¬ 
pared for the election, and any designation that 
may be on such seal as the machine is sealed with. 
Said envelope to have attached to it a detachable 
receipt for the delivery of the keys of the voting 
machine to the inspector of the election at his resi¬ 
dence; one envelope in which the keys to the voting 
machine can be returned by the inspectors after the 
election; one card stating the name and telephone 
address of the superintendent for the day of elec¬ 
tion; two diagrams of the voting face of the ma¬ 
chine as appears after the ballot label showing the 
titles of the offices and the names of the candidates, 
and statement of propositions, together with the 
voting indicators for each, shall have been inserted 
in the voting machine, and also suitable printed 
instructions for the guidance of the board of elec¬ 
tion. [Amendment approved April 2, 1911; in ef¬ 
fect immediately.] 

Voting Machine Instruction to Be Given to Election 

Officers. 

Sec. 7. At least twenty days before any election, 
other than a special election, at which voting ma¬ 
chines are to be used in any political subdivision, 
the county clerk, registrar of voters, or city or town 
clerk, as the case may be, shall designate one or 
more deputies, to be provided by the board having 
charge and control of elections, who are competent 
for the purpose, as voting machine instructors, and 
shall cause one or more voting machines of the 
type to be used at the election, to be set up in his 
office, for the purpose of having such voting machine 
instructors give instructions to persons applying to 


VOTING MACHINES 


24° 

serve as election officers at the ensuing election, and 
shall also publish notice in one or more daily or 
weekly newspapers, in such political subdivision, if 
any is there published, stating that instruction will 
be given at such office (stating the location thereof) 
as to the use of voting machines, to all persons 
otherwise qualified, who shall apply to serve as elec¬ 
tion officers, at the ensuing election, and requesting 
qualified persons to attend at such office and apply 
to serve, and take such instructions. Such notice 
may also be sent by mail to all such persons as the 
said county clerk, registrar of voters, or city or 
town clerk, may deem likely to take the same. Such 
voting machine instructors shall give such instruc¬ 
tions to those who apply (subject to the control of 
the clerk or registrar of voters, that too great a 
number from a given precinct need not be in¬ 
structed) and shall report the result to such clerk or 
registrar of voters, and such clerk or registrar of 
voters, if satisfied with the report, may issue a cer¬ 
tificate of competency to such person, and shall 
enter the name of such person in the proper book, 
by precincts, with the residence of such person, and 
the date of certificate of competency, and mail such 
certificate to such person at the address shown by 
his application or registration. In making up a 
recommendation of names of persons suitable for 
election officers, the clerk or registrar of voters 
shall, where the person is otherwise qualified and 
able to serve, prefer the persons in each precinct, 
who have received such a certificate, and the per¬ 
sons thus shown in such recommendation shall be 
appointed as election officers in the proper precincts, 
and unless they fail to appear and be sworn or are 
excused for cause, by the clerk or registrar of voters, 
shall serve as an election officer at the election. 
[Amendment approved June 11, 1913.] 

Duties of Election Board. 

Sec. 8. The Precinct Board of Election of each 
precinct shall meet at the polling place therein, 
at least one hour before the time set for the open- 


VOTING MACHINES 


243 


mg of the polls at each election, and shall proceed 
to arrange within the guard-rail the furniture, sta¬ 
tionery, and voting or ballot machine for the con¬ 
duct of the election. The Inspectors of Election 
shall then and there have the voting or ballot ma¬ 
chine, instructions to voters, and stationery re¬ 
quired to be delivered to them for such election. 
The Inspectors shall thereupon cause at least two 
instruction cards to be posted conspicuously within 
the polling place. They shall see that the model, 
if such model is furnished, is placed where each 
voter can conveniently operate it and receive in¬ 
structions thereon as to the manner of voting before 
entering the machine. They shall post one diagram 
inside the polling room and one outside, in places 
where the voters can conveniently examine them. 
They shall see that the lantern or other means pro¬ 
vided for giving light is in such a condition that the 
voting machine is sufficiently lighted to enable 
voters to readily read the names on the ballot 
labels. They shall see that the ballot labels are 
in their proper places on the machine. They shall 
open the counting compartment of the voting ma¬ 
chine in the presence of the public and the members 
of the board of election, before the opening of 
the polls, and inspect the recording dials of such 
machine, and see that each counter number on each 
dial for a candidate, is set at zero (000) and make 
a certificate substantially in the form hereinafter 
provided. If any counter number upon such dial 
for any candidate is found not to register zero 
(000), a statement of the actual register of such 
counter number, together with the designating num¬ 
ber of said dial and letter, shall be made and signed 
by the election board as to every such dial number 
so found registered above zero (000). In such 
event, in each separate case, the number so found 
above zero (000) upon the dial of any particular 
candidate must be deducted from the total vote of 
such candidate as shown upon that counter number 
at the close of the polls. The tally sheet shall have 
plainly printed thereon, so as to occupy an entire 


244 


VOTING MACHINES 


page thereof, a statement and certificate substan¬ 
tially in the following form: 

Notice to Election Officers. 

The board of election shall before opening the 
polls, open the counting compartment of the voting 
machine in the presence of the public and the mem¬ 
bers of the board of election, and inspect the record¬ 
ing dials of such machine, and see that each counter 
number on each dial for a candidate, is set at zero 
(000) and make a certificate substantially in the 
form below provided. If any counter number upon 
such dial for any candidate is found not to register 
zero (000), a statement of the actual register of 
such counter number, together with the designating 
number of such dial, and letter, shall be made and 
signed by the election board as to every such dial 
number so found registered above zero (000). In 
such event in each separate case, the number so 
found above zero (000) upon the dial of any par¬ 
ticular candidate, must be deducted from the total 
vote of such candidate, as shown upon that counter 
number at the close of the polls. 

Certificate. 

We, the undersigned members of the election 

board of election precinct No. hereby 

certify that the following statement is a correct 
statement of all counter number dials, upon the 
voting machine or machines used at said precinct, 
which were found to have the counter number upon 
any dial thereon, register above zero (000), as found 
by an examination and inspection made by said 
election board at said precinct before the opening 
of the polls and in the manner provided by law, 
and that the name of each candidate affected there¬ 
by, is hereinbelow respectively and separately 
stated, together with each such separate dial num¬ 
ber and each such separate letter of such respective 
dial, and the number so registered above zero (000), 
upon any such respective counter dial, and also the 
number of votes shown upon any such respective 



VOTING MACHINES 


245 


counter dial, at the close of the polls, together with 
the total vote received by any such candidate so af¬ 
fected, after deducting from such total vote the 
number so found registered above zero (000) upon 
the counter number dial of such respective candi¬ 
date or candidates: 



/. Inspector. 

Signed:/. Inspector. 

j. Judge. 

\ . Judge. 

[Amendment approved April 21, 1911; in effect 
immediately.] 

Machine—How to Be Placed. 

Sec. 9. The exterior of the voting or ballot ma¬ 
chine and every part of the polling place shall be in 
plain view of the election officers and public. The 
voting or ballot machines shall be placed at least 
three feet from every wall and partition of the poll¬ 
ing place, and at least three feet from the guard¬ 
rail. A guard-rail shall be constructed at least 
three feet from the machine, with openings to admit 
electors or officers of election to and from the ma¬ 
chine. 






















VOTING MACHINES 


246 

Voting—How Conducted. 

Sec. 10. After the opening of the polls, the in¬ 
spectors shall not allow any voter to pass within 
the guard-rail until they ascertain that he is duly 
entitled to vote. Before each voter enters the vot¬ 
ing machine, the inspectors of election shall, so far 
as possible, inform him how to operate the ma¬ 
chine, and illustrate same upon the model of the 
machine, if any be furnished, and call his attention 
to the diagram. If any voter shall, after entering 
the voting machine, ask for information regarding 
its operation, the inspectors of election shall give 
him such necessary information. The operation or 
voting by an elector, while voting, shall be secret 
and obscured from all other persons except as pro¬ 
vided in cases of voting by assisted electors. At 
any election at which the number of officers to be 
elected plus the number of propositions or amend¬ 
ments to be voted on shall together make a total of 
fifteen or less, no voter shall remain within the 
voting or ballot machine booth longer than two 
minutes, and if he shall refuse to leave it after the 
lapse of two minutes, he may be removed by the 
inspectors. At any election at which the number of 
officers to be elected plus the number of proposi¬ 
tions or amendments to be voted on shall together 
make a total of more than fifteen, no voter shall 
remain within the voting or ballot machine booth 
longer than three minutes, and if he shall refuse 
to leave it after the lapse of three minutes he 
may be removed by the inspectors. The inspecfors 
of election shall occasionally examine the face of 
the machine and the ballot labels to determine if 
same have been injured or tampered with. No vote 
cast in the irregular or blank column shall be 
counted for a person whose name is printed upon 
the ballot or face of the machine as a candidate for 
the same office for which he is voted in the 
irregular or blank column. All voters in the polling 
place or standing in line entitled to vote, at the 
hour for closing the polls, must be permitted to 
vote. [Amendment approved April 21, 1911; in ef¬ 
fect immediately.] 


VOTING MACHINES 


247 


Result—Declaration Of. 

Sec. 11. As soon as the polls of the election are 
closed the Inspectors of Election thereat shall im¬ 
mediately lock the voting or ballot machine against 
voting, and, in the presence and full view of the 
public who may be lawfully within the polling place, 
proceed to demonstrate and declare the result of 
such election as registered or recorded or received 
by the machine (subject to any legal deductions 
made under the provisions of section 8 of this act), 
in the following manner: One of the inspectors 
shall under the scrutiny of .the other inspector, of a 
different political party, in the order of the offices 
as their titles are arranged on the machine, com¬ 
mencing with the first party or top column, or com¬ 
mencement of the ticket as arranged, announce in 
distinct tones to the clerks of election, the designat¬ 
ing number and litter of each counter, and the vote 
registered thereon, and the clerks of election shall 
correctly record each announcement so made upon 
separate respective tally sheets provided for that 
purpose, before another announcement is made by 
the inspector. The said inspector shall then in like 
manner announce the vote recorded for each office 
on the irregular ballot, and the election clerks shall 
in like manner record the same. The inspector shall 
then also in like manner announce the vote on each 
question or proposition submitted at the election, 
and the clerk shall in like manner record the same. 
The canvass of each office shall be completed before 
proceeding to the next, and the vote as announced 
shall be written by the clerks in ink on the two 
tally lists provided therefor in the same order. 
After completing and writing down the canvass, in 
the manner aforesaid, the inspectors of election 
shall verify the same by comparing the figures on 
the tally lists with the figures on the counters in 
the machine, and the names recorded on or in the 
device for voting for persons not nominated, and 
also with the result registered on the machine as to 
the vote upon questions or propositions, and in mak¬ 
ing such comparison and verification, one of the in- 


248 


VOTING MACHINES 


spectors shall again distinctly announce and recall 
aloud the vote registered upon each counter. The 
board of election shall then certify in the appropri¬ 
ate place on the tally list, as to the number of 
voters that voted at the election, as shown by the 
poll lists, and by the number registered on the 
public counter, and the number registered on the 
protective counter, and the number or other desig¬ 
nating mark on the seal with which the machine has 
been sealed, together with other information regard¬ 
ing the machine as provided on the tally list. The 
counter compartment of the voting machine shall 
remain open until the -tally list and all other re¬ 
ports have been fully completed and signed, after 
which they shall lock the counter compartment and 
deliver the keys thereof in a sealed envelope to the 
county clerk, registrar of voters, or city or town 
clerk, as the case may be. [Amendment approved 
April 21, 1911; in effect immediately.] 

Records to Be Preserved. 

Sec. 12. The inspectors of election shall, as soon 
as the result is fully ascertained and declared, as 
in the preceding section required, lock the machine 
so that the record of each election shall be pre¬ 
served for the period of six months following such 
election, except in cases where the machine is re¬ 
quired for use in a subsequent election during such 
period, in which case the Board of Supervisors or 
other board having charge and control of elections 
shall inspect the registering or recording and re¬ 
ceiving device of the machines and file a report of 
said inspection with the County Clerk or Registrar 
of Voters. Said report of said board when so cer¬ 
tified and filed shall be prima facie evidence of the 
vote at such election. Any supplementary or dupli¬ 
cate record of an election, which may be furnished 
by a machine, shall be preserved by the County 
Clerk or Registrar of Voters for one year following 
such election. Whenever either House of the Legis¬ 
lature shall by resolution, adopted and entered udob 


VOTING MACHINES 


249 


its journal, direct that any standing or special com¬ 
mittee of such House, shall be empowered to open 
and examine any voting machine or voting machines 
which were used at any election held within six 
months before the passage of such resolution, the 
committee of such House so empowered and author¬ 
ized shall have the power and authority by its 
resolution in writing to order any such machine or 
machines to be opened, inspected or examined in 
any manner which such committee shall prescribe. 
If the opening of such a machine or machines be 
for the purpose only of counting or recounting the 
votes cast or registered at said election in a contest 
pending before such House, then and in such event 
the opening thereof and such count or recount must 
be made in the presence of said committee, or its 
sub-committee duly designated by its resolution in 
writing for such purpose. If the opening of such 
machine or machines be for any other purpose or 
for the investigating of the mechanism and manner 
of operation of a machine or machines, or for de¬ 
termining or reporting upon the mode of its opera¬ 
tion, or its nature as a safe mechanical appliance 
for the receiving and registration of the votes of 
electors, then the committee must by its resolution 
in writing specify the person or persons who are to 
make such mechanical or expert inspection, and the 
place where and the time when such inspection is 
to commence, and may, if it deem proper, limit 
the duration of such inspection and fix the place 
where the same is to be made, and state whether 
the same is to be made in the presence of the said 
committee, or of its duly appointed sub-committee, 
or of any other person or persons to be named by said 
committee. Every person employed or permitted to 
take part in any such inspection of such a machine 
or machines, or in whose presence said inspection 
occurred, may be required to attend and testify as 
a witness before such committee if required, and 


250 


VOTING MACHINES 


be subject to the subpoena of such committee. If 
such machine or machines be opened under the pro¬ 
visions of this section by order of such committee, 
the said committee, or its sub-committee duly ap¬ 
pointed, shall immediately, upon opening the doors, 
or the opening to the dial or place where the votes 
thereon are registered, which were cast at the last 
election, take off in writing the complete record of 
votes for all candidates which are recorded or reg¬ 
istered upon or by said machine, and certify the 
same to be true and correct, with the date of such 
certificate, and place the same in an envelope, and 
seal the same in the manner required for sealing 
election returns, and make an endorsement upon 
the outside of such envelope stating the number of 
the machine whose record is enclosed, and forthwith 
file the same with the County Clerk, or Registrar 
of Voters, of the county, or city and county, where 
such election was held, who shall receive and keep 
the same with the other returns of the said election 
in his office for the period of twelve months from 
the date of said election, and such record shall in 
any court having jurisdiction of an election contest 
be prima facie evidence of its contents in any case 
where the vote upon such a machine or machines 
might have been recounted by the court if such 
machine or machines had not been previously opened 
or the result thereof in any manner affected. Im¬ 
mediately upon the conclusion of such investiga¬ 
tion, examination and inspection of such machine 
or machines, the same shall be again securely locked 
by the Clerk, or Registrar of Voters, or the said 
committee or its sub-committee, and the keys there¬ 
of returned to the officer entitled to possession of 
the same under the provisions of this Act, and shall 
not be again opened except in accordance with the 
provisions of this Act. One voting machine of each 
kind or pattern may be taken by such committee 
or upon its order, and upon its receipt therefor, to 
the City of Sacramento, or the State Capital, and 


VOTING MACHINES 


2,11 


there kept under the directions of such committee, 
but no such machine shall be so taken or transported 
without the consent of the owner thereof, unless 
the same be the property of a city, county, or city 
and county, or other political subdivision of the 
State. If such committee shall permit such a ma¬ 
chine or machines to be taken apart, then and in 
such event the said committee shall cause the same 
to be restored and properly put together again, be¬ 
fore or at the termination of its investigation, and 
to be returned by order of such committee, and at 
the expense of the State, to the place from which 
it was taken. If any such machine or machines be 
taken to Sacramento, or the State Capital, under 
the provisions of this section, and the Legislature 
shall adjourn sine die, without such machine or ma¬ 
chines having been so restored and returned by such 
committee, then and in such event the Secretary of 
State shall forthwith, upon such adjournment, take 
charge of such machine or machines, and cause the 
same to be properly restored and returned to the 
place or places respectively from which the same 
were taken, and the expense thereof shall be a 
eharge against the State, and a written demand 
therefor, verified by the Secretary of State, must be 
allowed by the Controller by his endorsement of 
allowance thereon, and thereupon, upon presenta¬ 
tion, the same shall be paid to the Secretary of 
State by the State Treasurer out of any funds of 
the State not otherwise appropriated. Any voting 
machine used at an election may, within six months 
from the date of such election, in any election con¬ 
test, or action in the nature of quo warranto in any 
court of this State having jurisdiction thereof, be 
opened by order of such court and in its presence, 
for the purpose of recounting the vote involved in 
such election contest, under the same rules and 
conditions that apply to the opening of packages of 
sealed ballots and the recounting of the same, and 
must be forthwith locked again as soon as the result 


VOTING MACHINES 


252 

upon each machine is tallied, and in the presence of 
the said court. [Amendment approved March 19, 
1907.] 

Misconduct at Elections. 

Sec. 13. The provisions of the law relating to 
misconduct at elections shall apply to elections with 
voting or ballot machines. 

Election Precincts. 

Sec. 14. Where voting machines are used the pre¬ 
cincts shall be established or created in the manner 
provided by sections 1127, 1128, 1129 and 1130 of 
the Political Code of the State of California. 
[Amendment approved June 11, 1913.] 

Official Ballots. 

Sec. 15. The list of candidates used or to be 
used on the voting or ballot machine shall be 
deemed an official ballot under this Act for an elec¬ 
tion precinct in which a voting or ballot machine is 
used, pursuant to law. The word 11 ballot ’ ’ as 
used in this act, (except when reference is made to 
independent ballots) means that portion of the 
cardboard, or paper, or other material within the 
ballot frames, containing the name of the candidate 
for office, or a statement of a proposed constitu¬ 
tional amendment, or other question or proposition 
with the word “for” or the word “ against/ ’ or 
“yes” or “no.” 

Sec. 1142, Pol. Code, Applies. 

Sec. 16. The provisions of section 1142 of the 
Political Code shall apply where voting or ballot 
machines are used pursuant to this act, provided 
however, that at any precinct or polling place where 
two voting machines are used, two additional clerks 
of election shall be appointed for service at such 
polling place, for the election. In any city, or city 
and county, or county, where voting machines are 
to be used at any election, or where voting machines 
are owned, the board having charge and control of 


VOTING MACHINES 


253 


elections may, by a majority of such board adopt a 
resolution to be entered in its minutes, provide for 
a superintendent as herein provided, and may there¬ 
upon select and appoint a superintendent for the 
care, repair, adjustment, arrangement, testing, and 
preparation of voting or ballot machines. Such per¬ 
son must be a skilled machinist familiar with the 
arrangement, adjustment, and mechanism of voting 
machines, and shall, before his appointment, be ex¬ 
amined by the board having control of elections, as 
to his competency in these respects. His appoint¬ 
ment must also, where made for a territory wholly 
included within any city, or city and county, be ap¬ 
proved by the mayor of any such city, or city and 
county, who shall also have the right to examine such 
person as to his competency. Said superintendent 
shall be considered a public officer, and shall hold 
office under such appointment until removed by the 
board having charge and control of elections, for 
cause, and by an order in writing entered in its 
minutes, after giving such superintendent an oppor¬ 
tunity to be heard, which order of removal, shall 
be final and conclusive, and not subject to review. 
In any city, county, or city and county, which at 
the last general election therein, had a registration 
of voters exceeding seventy thousand, the said 
board having control of elections may fix the com¬ 
pensation of such superintendent at a sum not to 
exceed the rate of fifteen hundred dollars per year, 
payable monthly, and may, by the resolution of ap¬ 
pointment, provided such appointment is made by 
the year, provide that the services of such superin¬ 
tendent shall be given exclusively to said board 
while he remains in its employ, or under such ap¬ 
pointment. Unless such appointment is made by the 
year and in the manner last mentioned in such a 
city, county, or city and county, and in any event in 
all other cases and places, such superintendent so 
appointed pursuant to this act shall receive a com¬ 
pensation at the rate of ten dollars per day, for 
every day he shall be actually employed; provided 
however, that in any such place where his compensa- 


254 


VOTING MACHINES 


tion is fixed by the day under this act, the board 
having control of elections may fix his compensa¬ 
tion at a lesser sum when he is employed merely as 
caretaker of such voting machines. Such superin¬ 
tendent must file his acceptance of the appointment 
with the board having charge and control of elec¬ 
tions, within five days after notice of his appoint¬ 
ment, and before entering upon his duties, shall take 
the oath of office prescribed by the constitution of 
this state for public officers, which oath may be 
taken by and filed with the county clerk, or regis¬ 
trar of voters, and file a bond in a sum to be fixed 
by the board having charge and control of elections, 
and not less than ten thousand (10,000) dollars, in 
a city and county, conditioned for the faithful per¬ 
formance of the duties of his office, with surety and 
to be approved and recorded as may be required for 
other officers of such city, or city and county, and 
it shall be his duty to care for, keep in repair, ar¬ 
range, adjust, test, and prepare all voting machines 
for complete and correct operation at any election 
in the political subdivision for which he is ap¬ 
pointed. All such voting or ballot machines shall 
be by him or under his direction, arranged, adjusted 
and prepared for correct operation at any election in 
accordance with the provisions of the law of this 
state, and in accordance with the mechanism and 
rules for the adjustment and correct operation of 
such voting machines. The county clerk, registrar 
of voters, or city or town clerk, as the case may be, 
shall deliver to such superintendent for his guid¬ 
ance, a copy of any written or printed instructions 
which may be furnished by the person or corpora¬ 
tion which manufacture the voting machines in use 
in such political subdivisions. The board having 
charge and control of elections may also select and 
employ any additional persons, as assistants, to such 
superintendent, in the performance of his duties, and 
may fix and allow the compensation to be paid to 
said assistants. The said superintendent of voting 
machines shall, not later than the day previous to 
the day of election, file with the clerk, or registrar 


VOTING MACHINES 


235 


of voters, his affidavit specifying the voting ma¬ 
chines by number, that have been adjusted for use 
at such election, and stating that every one of such 
machines have been so adjusted, that each and every 
of its counters, which register the votes cast for 
candidates, are adjusted at zero (000), and that in 
every other respect, each and every voting machine 
is adjusted in accordance with the requirements of 
the law of the state, and according to the mechanism 
and rules for the adjustment and correct operation of 
such voting machines. Where any court, or justice, 
or judge of any court, shall make an order or judg¬ 
ment, or otherwise direct any change, alteration, 
or modification, to be made in the ballot labels to 
be used upon any voting or ballot machine, after the 
sample ballots have been printed, it shall not be 
necessary to print or distribute new sample ballots. 
[Amendment approved April 21, 1911; in effect im¬ 
mediately.] 

Ballot Machines Must Be Tested and Sealed Before 

Election. 

Sec. 16a. Within not more than thirty-five, nor 
less than twenty-five days, before the holding of any 
election in any county, city and county, city or town, 
at which is to be used voting or ballot machines, un¬ 
der the provisions of this act, the county clerk, 
registrar of voters, or city or town clerk, as the 
case may be, shall fix a day, which shall not be more 
than twenty days, nor less than five days, before the 
date of such election, upon which the voting or bal¬ 
lot machines to be used at such election shall be 
examined, tested and sealed as hereinafter provided. 
At least twenty days before an election in any po¬ 
litical subdivision where voting machines are to be 
used in one or more precincts of such subdivision, 
under and pursuant to the law of this state, it shall 
be the duty of the county clerk, registrar of voters, 
or city or town clerk, as the case may be, to notify 
in writing, by mail, with postage prepaid, the chair¬ 
man or secretary of the executive or central com¬ 
mittee of any political party or organization for 


256 


VOTING MACHINES 


the territory, the membership of which may have 
made nominations of candidates to be voted for at 
such election, or of any political party whose party 
name is lawfully used as a designation by a candi¬ 
date, that it may appoint representatives of such 
political party who shall be authorized to attend and 
observe the final adjustment, testing and sealing of 
such ballot machines, and thereupon it shall be the 
right of such committee to appoint as many repre¬ 
sentatives, not to exceed three for each political 
party or organization, as it may see fit to select for 
such purpose, and to issue certificates of such ap¬ 
pointment to such representatives, by the secretaries 
of such committees or organizations, respectively. 
Such notice shall also name and specify the date and 
place where such examination, testing and sealing of 
such machines will commence, and that the same 
will continue, if necessary, at said place from day to 
day until completed. The committee or organization 
empowered to appoint such representatives, shall im¬ 
mediately upon making such appointment, notify the 
said representative or representatives so appointed, 
respectively, of such appointment and of the time 
and place where such examination, testing and seal¬ 
ing, of such voting or ballot machines will com¬ 
mence, and shall also forthwith, send to the said 
county clerk, registrar of voters, or city or town 
elerk, as the case may be, the name and full address 
of each such representative appointed. Thereafter, 
at the time specified in such notice, and until the 
completion thereof, the said representative or repre¬ 
sentatives shall be entitled to attend and observe 
the final adjustment, testing and sealing of such 
voting machines, under the directions of the board 
of election commissioners, or of the superintendent 
provided for by this act, and such adjustment, test¬ 
ing and sealing shall proceed in the presence of as 
many of said representatives as shall assemble to 
observe and view the same, and a full and complete 
opportunity shall then and there be given by such 
superintendent and his assistants, to such represen¬ 
tatives to observe the processes by which such ad- 


VOTING MACHINES 


257 


justment, testing and sealing, is performed, and to 
see that the said voting machines are so adjusted 
that each counter is set at zero (000), and without 
any vote registered thereon for the advantage of 
any party or candidate or otherwise. When the 
said machines are so sealed they shall not be un¬ 
sealed again except by the precinct election boards 
on the day of election, to the extent necessary for 
the proper and lawful conduct of the election. Any 
candidate may attend in person or appoint in writ¬ 
ing signed by such person, a representative to at¬ 
tend, with all the rights and privileges provided by 
this section. [New section approved April 21, 
1911; in effect immediately.] 

General Laws Govern. 

Sec. 17. All laws and parts of laws of this State 
relating to elections and prescribing the powers and 
duties of election officers, shall, so far as applicable 
to the use of voting or ballot machines, remain in 
full force and effect; and all laws and parts of laws 
inconsistent herewith, shall not be applicable in 
each county, city and county, city or town election 
precinct wherein such voting or ballot machines are 
used, pursuant to this act, so long as such voting 
or ballot machine or machines shall be used therein, 
and nothing in this act contained shall be construed 
as repealing any existing law or authorizing any 
deviation or omission therefrom, except as provided 
for or set forth herein. 

Willful Violation to Be Punished. 

Sec. 18. Any willful violation of any provision 
of this act or any willful injury to any voting or 
ballot machine tending to injure its effectiveness or 
to change the true expression given by the voters 
at any election shall be a felony and punishable as 
such, in accordance with the provisions of the Penal 
Code of the State. 

Sec. 19. This act shall take effect immediately. 


258 


VOTING MACHINES 


An Act supplementary to an Act entitled “An Act 
creating a State Commission on voting or ballot¬ 
ing machines, defining their powers and providing 
for the use at the option of indicated loeal author¬ 
ities of voting or ballot machines for receiving 
and registering the vote in one or more precincts 
in any county or city and county, city or town, 
at any or all elections held therein; and for ascer¬ 
taining the result of such election; providing for 
the punishment of all violations of the provisions 
of this Act,” approved March 20, 1903, and pro¬ 
viding for the testing and inspection of such ma¬ 
chines. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Voting Machines Shall Be Tested, Examined and 
Sealed. 

Section 1. Within not more than thirty nor less 
than twenty days before the holding of any elec¬ 
tion in any county, city and county, city or town, at 
which is to be used voting or ballot machines 
adopted under the provisions of the Act referred 
to in the title of this Act, the County Clerk or 
other officer having control of such election in 
such county, city and county, city or town, shall 
fix a day, which shall not be more than fifteen days 
nor less than five days before the date of such 
election, upon which the voting or ballot machines 
to be used at such election shall be examined, 
tested and sealed as hereinafter provided. 

Party Representatives to Be Notified of Test. 

Sec. 2. At least twenty days before an election 
in any political subdivision where voting machines 
are to be used in one or more precincts of such 
subdivision, under and pursuant to the law of this 
State, it shall be the duty of the Board of Election 
Commissioners or other body having charge and 


VOTING MACHINES 259 

control of such election to notify in writing by mail, 
with postage prepaid, the chairman or secretary of 
the executive or central committee of any political 
party or organizations for the territory which may 
have made nominations of candidates to be voted for 
at such election, that it may appoint representatives 
of such political party who shall be authorized to 
attend and observe the final adjustment, testing and 
sealing of such ballot machines, and thereupon it 
shall be the right of such committee to appoint as 
many representatives as it may see fit to select 
for such purpose, and to issue certificates of such 
appointment to such representatives by the secre¬ 
tary of such committees, respectively, which shall 
forthwith send a list of such representatives, with 
the name of the political party or organization for 
whieh they are selected, and the name of each rep¬ 
resentative, with his full address, adding street and 
number, to the said Board of Election Commission¬ 
ers or other body having charge and control of such 
election. If any political party or organization which 
has made nominations shall not have any chairman 
or secretary of such committee, or the name and ad¬ 
dress of such chairman or secretary shall not appear 
in its nomination papers, then the said Election 
Commissioners may send the notice above required 
to any person named in its nomination papers as the 
person to whom the certificate of nomination may 
be returned. Such Board of Election Commissioners 
shall thereafter, and at least five days before the 
time therefor, send written notice, with postage pre¬ 
paid, to each such representative of a political party 
or organization which has so been filed in its office, 
with the address of such representative; which no¬ 
tice shall state the time and place before such elec¬ 
tion where such representatives are invited to at¬ 
tend, to observe the final adjustment, testing and 
sealing of such voting machines, and thereafter at 
such time and place the final adjustment, testing 
and sealing of such voting machines, under the di- 


260 


VOTING MACHINES 


rections of such Board of Election Commissioners, 
shall proceed in the presence of as many of said rep¬ 
resentatives as shall assemble to observe and view 
the same, a full and complete opportunity shall then 
and there be given to such representatives to observe 
the processes by which such adjustment, testing and 
sealing is performed, and to see that the said ma¬ 
chines are set at zero, and without any vote regis¬ 
tered thereon for ihe advantage of any party or 
candidate or otherwise. When the said machines 
are so sealed they shall not be unsealed again, ex¬ 
cept by the precinct election board on the day of 
election and except for trial as to their correctness 
after transportation to the various booths or polling 
places, at which places such trial may be made as 
the Board of Election Commissioners or body hav¬ 
ing control of the elections shall direct, to see if 
any machine has become in any way disarranged 
during transportation to the polling place, and a 
seal necessary to such investigation may be broken 
or any work performed that may be necessary to 
put any machine in any such polling place in com¬ 
plete working order for such election, and the repre¬ 
sentatives aforesaid shall have the right to attend 
at any and all polling places for the purpose of 
viewing and observing any such unsealing arrange¬ 
ment and resealing, which final work shall take 
place not later than the day before the election, 
nor earlier than the third day before the election. 
If independent candidates are nominated, and no 
chairman or secretary is named in the certificate of 
nomination, then such candidate or candidates shall 
be notified as herein specified, and may attend, or 
appoint representatives to attend, with all the rights 
and privileges provided for by this Act. 

It shall be the duty of the Board of Election Com¬ 
missioners, or other body having charge and control 
of such election, to notify in writing by mail, with 
postage prepaid, the chairman or secretary of any 
of the executive or central committees of any politi- 


VOTING MACHINES 


261 


cal party or organization hereinbefore referred to, 
and any independent candidate or candidates here¬ 
inbefore referred to, of the time when the final 
inspection, adjustment, testing and sealing of such 
voting or ballot machines will commence at the 
polling places, and of the place or places from 
which the inspectors will start in the performance 
of such duty, and that the representatives appointed 
pursuant to this Act, or such independent candidate 
or candidates, may attend as provided by this Act. 
Such notices shall be so mailed not less than three 
days before the time named for commencing sueh 
final inspection. 

Violation of Act to Be Punished. 

Sec. 3. Any person violating any provision of 
this Act shall be guilty of a misdemeanor and pun¬ 
ishable by a fine of not more than five hundred 
dollars or imprisonment of not more than six months 
or both. 

Sec. 4. This Act shall take effect immediately. 


SPECIAL ACTS 


262 


SPECIAL ACTS CONCERNING SPECIAL ELEC¬ 
TION DISTRICTS. 

NOTE.—Special acts have been passed from time 
to time providing for the formation, government, 
operation, etc., of certain districts, such as sanitary 
districts, lighting districts, irrigation districts, etc. 
These acts are too voluminous to permit of their 
inclusion herein, and moreover, the portions relat¬ 
ing to the calling and conducting of elections in 
such districts constitute but a small part thereof. 
For the benefit of those interested, reference is made 
below to the General Laws and Statutes of Cali¬ 
fornia where such acts may be found in full. 

Annexation Act of 3913. Stats. 1913, chap. 312. 

Amended 1915 Stats., chap. 149. 

Assessment Districts: Establishment of for public 
park and playground purposes, Stats. 1909, p. 1066, 
amended Stats. 1911-12 (extra session), chap. 12. 
Boulevard Districts: Formation and establishment 
of, Stats. 1911, chap. 737; amended Stats. 1911-12 
(extra session), chap. 56; Stats. 1913, chap. 236, 
amended chap. 696, Stats. 1917. 

Cal. Irrigation Act: Stats. 1915, chap. 621. 

City Charter: Art. 11, Sec. 8, State Constitution. 
County Charter: Art. 11, Sec. 7 1 A, State Consti¬ 
tution. 

County Water Districts: Incorporation and organ¬ 
ization, Stats. 1913, chap. 592, amended 1915, 
Stats., chap. 27. 

Consolidation of Elections: Stats. 1913, page 698, 
amended 1915 Stats., chap. 614. 

Consolidation of Municipal Corporations: Stats. 
1913, chap. 311, amended 1915 Stats., chap. 150, 
amended chap. 34, Stats. 1917. 

County Irrigation Districts: Stat. 1913, amended 
1915 Stats., chap 176. 

County Power Pumping Districts: Stats. 1915, 
chap. 745. 


SPECIAL ACTS 


263 


Drainage Districts: Organization and government 
of, General Laws (Deering), Act 987, amended 
1915 Stats., chap. 674, amended chap. 563, Stats. 
1917. 

Irrigation Districts: Organization and government 
of, and recall of officers of, General Laws (Deer¬ 
ing), Act 1726, amended Stats. 1911, chaps. 157, 
317, 588, amended Stats. 1911-12 (extra session), 
chaps. 34, 36, 63; funding bonds of, General 
Laws; (Deering), Act 1727; Stats. 1913, chaps. 
60, 367, 370, 578; dissolution of, General Laws 
(Deering), Act 1731, amended Stats. 1911-12 (ex¬ 
tra session), chap. 26; Stats. 1913, chap. 39, 
amended 1915 Stats., chap. 506, 655, 677, 696, 
amended chap. 557, Stats. 1917. 

Levee Districts: Formation and government of, 
General Laws (Deering), Act 1913, amended 
Stats. 1911, chap. 637; bond election in, Stats. 
1911, chap. 139, amended chap. 577, Stats. 1917. 
Library Districts- Formation of, Stats. 1909, p. 
815, amended Stats. 1911, chap. 172; in union 
hierh school districts, Stats. 1911, chap. 279. 
Lighting Districts: Formation and government of, 
General Laws (Deering), Act 1466, amended Stats. 
1911, chap. 260; Stats. 1913, chap. 259, amended 
1915 Stats., chap. 567, amended chap. 748, Stats. 
1917. 

Local Option Districts: Elections in, Stats. 1911, 

chap. 351. 

Monuments for Pioneers: Stats. 1913, chap. 224. 
Municipal Annexation Act, 1913: Stats. 1913, chap. 

311, amended 1915 Stats., chap. 149. 

Municipal Improvement Districts: 1915 Stats., 
chap. 79. 

Municipal Improvements—Consolidation of Elec¬ 
tions: Stats. 1901, amended Stats. 1915, chap. 
77-736. 

Municipal Water Districts: Incorporation and man¬ 
agement of. Stats. 1911, chap. 671, amended 
Stats. 1911-12 (extra session), chap. 19; General 
Laws (Deering), Act 2390, amended 1915 Stats., 
chap. 546. 





264 


SPECIAL ACTS 


Overflow Districts: Formation and government of, 
Stats. 1911, chap. 718. 

Protection Districts: Organization and formation 
of, General Laws (Deering), Act 2805, amended 
chap. 731, Stats. 1917. 

Public Utility Districts: Incorporation and organ¬ 
ization, Stats. 1913, chap. 261. 

Public Utility Districts by Municipalities and Un¬ 
incorporated Territory: Stats. 1915, chap. 531. 

Keclamation Districts: Election of trustees of, Po¬ 
litical Code, Sec. 3491; bond elections in, General 
Laws (Deering), Act 2975. 

Sanitary Districts: Formation and government of, 
General Laws (Deering), Act 3349, amended 
Stats. 1911, chaps. 311, 389; Stats. 1913, chap. 
199. 

School Districts: Elections in, Political Code, 
Secs. 1593-1602, 1674, 1880-1884; bond issue elec¬ 
tion, General Laws (Deering), Acts 3567, 3582; 
high school district elections, Political Code, 
Secs. 1725-1746; union high school library dis¬ 
tricts, Stats. 1911, chap. 279, amended 1599, Pol. 
C., chap. 26, Stats. 1917; amended 1728, Pol. C., 
chap. 544, Stats. 1917; amended 1593, Pol C., chap. 
551, Stats. 1917. 

Sewer Districts: Within municipalities, General 
Laws (Deering), Act 3597; municipalities may 
create, Stats. 1911, chap. 23; division of munici¬ 
palities into, Stats. 1911, chap. 455, amended 1915 
Stats., chap. 595. 

Storm Water Districts: Organization and forma¬ 
tion of, General Laws (Deering), Act 2806; 
Stats. 1913, chap. 274, amended chap. 144, Stats. 
1917. 


MUNICIPAL. CORPORATIONS 


265 


CHAPTER VIII. 
MUNICIPAL CORPORATIONS. 


An Act to provide for the organization, incorpora¬ 
tion, and government of municipal corporations. 

[Approved March 13, 1883.] 

Note.—Only those portions of the act are here 
given which relate to offices and elections. 

The people of the State of California, represented 
in senate and assembly, do enact as follows: 

CHAPTER I. 

May Incorporate. 

Section 1. Any portion of a county containing 
not less than five hundred inhabitants, and not 
incorporated as a municipal corporation, may become 
incorporated under the provisions of this act; and 
when so incorporated shall have the powers con¬ 
ferred, or that may be hereafter conferred, by law 
upon municipal corporations of the class to which 
the same may belong. 

Manner of Proceeding. 

Sec. 2. A petition shall first be presented to the 
board of supervisors of such county, signed by at 
least fifty of the qualified electors of the county, 
residents within the limits of such proposed cor¬ 
poration, and the affidavit of three qualified electors 
residing within the proposed limits, filed with the 
petition, shall be prima facie evidence of the requi¬ 
site number of signers. The petition shall set forth 
and particularly describe the proposed boundaries 
of such corporation, and state the number of inhab¬ 
itants therein as nearly as may be, and shall pray 
that the same may be incorporated under the pro¬ 
visions of this act. Such petition shall be pre¬ 
sented at a regular meeting of such board, and shall 


266 


MUNICIPAL CORPORATIONS 


be published for at least two weeks before the time 
at which the same is to be presented, in some news¬ 
paper printed and published in such county, to¬ 
gether with a notice stating the time of the meeting 
at which the same will be presented. When such 
petition is presented, the board of supervisors shall 
hear the same, and may adjourn such hearing from 
time to time, not exceeding two months in all, and 
on the final hearing shall make such changes in the 
proposed boundaries as they may find to be proper, 
and shall establish and define such boundaries, and 
shall ascertain and determine how many inhabitants 
reside within such boundaries; provided, that any 
changes made by said board of supervisors shall 
not include any territory outside of the boundaries 
described in such petition. The boundaries so estab¬ 
lished by the board of supervisors shall be the 
boundaries of such municipal corporation until by 
action, authorized by law, for the annexation of 
additional territory to or the taking of territory 
from said municipal corporation, such boundaries 
shall be changed; provided, whenever it shall ap¬ 
pear to the board of supervisors that the boundaries 
of any municipal corporation have been incorrectly 
described, the board shall direct the county surveyor 
to ascertain and report a description of the bounda¬ 
ries. The board of supervisors shall, at their first 
regular meeting after the filing of the report of the 
county surveyor, cause notice to be published in 
some newspaper published in the county that the 
report will be acted upon at the next regular meet¬ 
ing of the board, and at said meeting the board 
shall ratify the report of the county surveyor, with 
such modifications as they shall deem necessary, 
and the boundaries so established shall be the legal 
boundaries of said municipal corporation. They 
shall then give notice of an election to be held, in 
such proposed corporation for the purpose of deter¬ 
mining whether the same shall become incorporated. 
Such notice shall particularly describe the bound¬ 
aries so established, and shall state the name of such 
proposed corporation, and the number of inhabitants 


MUNICIPAL CORPORATIONS 


267 


so ascertained to reside therein, and the same shall 
be published for at least two weeks prior to such 
election in a newspaper printed and published 
within such boundaries, or posted for the same 
period in at least four public places therein. Such 
notice shall require the voters to cast ballots, which 
shall contain the words “For Incorporation, ’ ’ or 
“Against Incorporation,’ ’ or words equivalent 
thereto, and also the names of persons voted for to 
fill the various elective municipal offices prescribed 
by law for municipal corporations of the class to 
which such proposed corporation will belong. 

Election—How Conducted. 

Sec. 3. Such elections shall be conducted in 
accordance with the general election laws of the 
state, and no person shall be entitled to vote there¬ 
at unless he shall be a qualified elector of the 
county, enrolled upon the great register .thereof, 
and shall have resided within the limits of such 
proposed corporation for at least sixty days next 
preceding such election. The board of supervisors 
shall meet on the Monday next succeeding such 
election, and proceed to canvass the votes cast 
thereat; and if, upon such canvass, it appears 
that the majority of the votes cast are for the 
incorporation, the board shall, by an order entered 
upon their minutes, declare such territory duly 
incorporated as a municipal incorporation of the 
class to which the same shall belong, under the 
name and style of the city (or town, as the case 
may be) of . (naming it), and shall de¬ 

clare the person receiving, respectively, the highest 
number of votes for such several offices to be duly 
elected to such offices. Said board shall cause 
a copy of such order, duly certified, to be filed in 
the office of secretary of state, and from and 
after the date of such filing, such incorporation shall 
be deemed complete, and such officers shall be en¬ 
titled to enter immediately upon the duties of their 
respective offices, upon qualifying in accordance 
with law, and shall hold such offices, respectively, 



268 


MUNICIPAL CORPORATIONS 


only until the next general municipal election to be 
held in such city or town, and until their successors 
are elected and qualified; and it shall not be nec¬ 
essary in any action, civil or criminal, to plead and 
prove the organization or existence of such cor¬ 
poration, and the courts shall take judicial cogni¬ 
zance thereof without proof. 

How Incorporated City or Town May Incorporate 
Under This Law. 

Sec. 4. The common council, board of trustees, 
or other legislative body of any city and county, 
city, or town, organized or incorporated prior to 
the first day of January, eighteen hundred and 
eighty, at twelve o’clock, meridian, shall, upon re¬ 
ceiving a petition therefor, signed by not less than 
one-fifth of the qualified electors of such city and 
county, city or town, as shown by the vote cast 
at the last municipal election held therein, submit 
to the electors of such city and county, city, or 
town, at the next general election to be held therein, 
the question whether such city and county, city, 
or town shall become organized under the general 
laws of the state relating to municipal corporations 
of the class to which such city and county, city, or 
town may belong. Notice that such question will 
be so submitted shall be given by publication in 
a newspaper printed and published in such city 
and county, city, or town; or if there be no news¬ 
paper printed and published therein, by printing 
and posting the same in at least four public places 
therein, including the place or places where such 
election is to be held. Such notice shall be so pub¬ 
lished or posted for at least four weeks prior to such 
election, and shall also be made a part of the gen¬ 
eral election notice. Such notice shall distinctly state 
the proposition to be so submitted, and shall desig¬ 
nate the class to which such corporation belongs, 
and shall invite the electors thereof to vote upon 
such proposition by placing upon their ballots the 
words “For Reorganization,” or “Against Reorgan 
ization,” or words equivalent thereto. The votes so 


MUNICIPAL CORPORATIONS 


269 


cast shall be canvassed at the time and in the man¬ 
ner in which the other votes cast at such election 
are canvassed. If, upon such canvass, a majority 
of all the electors voting at such election shall be 
found to have voted for such reorganization, the 
said council, board, or other legislative body shall, 
by an order entered upon their minutes, cause their 
clerk, or other officer performing the duties of clerk, 
to make and transmit to the secretary of state a 
certified abstract of such vote; which abstract shall 
show the whole number of electors voting at such 
election, the number of votes cast for reorganiza¬ 
tion, and the number of votes cast against reor¬ 
ganization. Said council, board, or other legislative 
body shall immediately thereafter call a special 
electibn for the election of the officers required by 
law to be elected in corporations of the .class to 
which such city and county, city, or town shall 
belong, which election shall be held within six weeks 
thereafter. Such election shall be held in all re¬ 
spects in the manner prescribed, or that may here¬ 
after be prescribed, by law for municipal elections 
in corporations of such class, and shall be can¬ 
vassed by the 1 council, board, or other legislative 
body calling the same, who shall immediately de¬ 
clare the result thereof, and cause the same to be 
entered upon their journal. From and after the 
date of such entry, such corporation shall be deemed 
to be organized under such general laws, under 
the name and style of the city and county (or city 

or town as the case may be) of.(naming 

it), with the powers conferred, or that may here¬ 
after be conferred, by law upon municipal corpor¬ 
ations of the class to which the same may belong; 
and the officers elected at such election shall be 
entitled immediately to enter upon the duties of 
their respective offices, upon qualifying in accord¬ 
ance with law, and shall hold such offices, respect¬ 
ively, only until the next general municipal elec¬ 
tion to be held in such city and county, city, or 
town, and until thedr successors are elected and 
qualified. 



270 


MUNICIPAL CORPORATIONS 


Effect of Reincorporation. 

Sec. 5. Any city and county, city or town organ¬ 
ized under the provisions of section 4 of this act 
shall, for all purposes, be deemed and taken to be 
in law the identical corporation theretofore incor¬ 
porated and existing; and such reorganization shall 
in nowise affect or impair the title to any property 
owned or held by such corporation, or in trust 
therefor, or any debts, demands, liabilities, or obli¬ 
gations existing in favor of or against such corpo¬ 
ration, or any proceeding then pending; nor shall 
the same operate to repeal or affect in any manner 
any ordinance theretofore passed or adopted and 
remaining unrepealed, or, to discharge any person 
from any liability, civil or criminal, then existing, 
for any violation of any such ordinance; but such 
ordinances, so far as *the same are not in conflict 
with such general laws, shall be and remain in force 
until repealed or amended by competent authority; 
provided, that proceedings theretofore commenced 
shall, after such reorganization, be conducted in ac¬ 
cordance with the provisions of such general laws. 

Duty of Outgoing Officers. 

Sec. 6. As soon as the officers elected under the 
provisions of either section 3 or section 4 of this 
act shall have qualified in accordance with la-v?, 
all persons, if any, then in possession of the offices 
of such corporation, shall immediately quit and sur¬ 
render up the possession of such offices, and shall 
deliver to the officers so elected all moneys, books, 
papers, or other things in their official custody, 
and all property of such corporation in their hands, 
notwithstanding that the terms of office for which 
they were respectively elected or appointed may 
not then have expired; and all officers, boards, and 
persons holding any property in trust for any pub¬ 
lic use, the administration of which use is vested 
by such general laws in such corporation, or in any 
of its officers, shall, upon demand from such cor¬ 
poration or such officers, convey such property to 
such corporation or such officers, by good and 


MUNICIPAL CORPORATIONS 271 

sufficient deeds of conveyance, in trust for such 
public use. 

Boundary—How Changed. 

Sec. 7. The boundaries of any municipal cor¬ 
poration may be altered, and new territory included 
therein, after proceedings had as required in this 
section. The council, board of trustees, or other 
legislative body of such corporation shall, upon 
receiving a petition therefor, signed by not less 
than one-fifth of the qualified electors thereof, as 
shown by the vote cast at the last municipal elec¬ 
tion held therein, submit to the electors of such 
corporation, and to the electors residing in the ter¬ 
ritory proposed by such petition to be annexed 
to such corporation, the question whether such ter¬ 
ritory shall be annexed to such corporation and be¬ 
come a part thereof. Such question shall be sub¬ 
mitted at a special election, to be held for that 
purpose, and such legislative body shall give notice 
thereof by publication in a newspaper printed and 
published in such corporation, and also in a news¬ 
paper printed a,nd published outside of such cor¬ 
poration, and in the county in which such territory 
so proposed to be annexed is situated, in both cases 
for a period of four weeks prior to such election. 
Such notice shall distinctly state the proposition 
to be so submitted, and shall designate specifically 
the boundaries of the territory so proposed to be 
annexed; and the electors shall be invited thereby 
to vote upon such proposition by placing upon their 
ballots the words “For Annexation,’’ or “Against 
Annexation, ’ ’ or words equivalent thereto. Such 
legislative body shall also designate the place or 
places at which the polls will be opened in such 
territory so proposed to be annexed, which place 
or places shall be that or those usually used for that 
purpose within such territory, if any such there be. 
Such legislative body shall also appoint and desig¬ 
nate in such notice the names of the officers of 
election. Such legislative body shall meet on the 
Monday next succeeding the day of such election, 


272 


MUNICIPAL CORPORATIONS 


and proceed to canvass the votes cast thereat. The 
votes cast in such territory so proposed to be an¬ 
nexed shall be canvassed separately, and if it shall 
appear upon such canvass that a majority of all 
the votes cast in such territory and a majority of 
all the votes cast in such corporation shall be for 
annexation, such legislative body shall, by an order 
entered upon their minutes, cause their clerk, or 
other officer performing the duties of clerk, to make 
and transmit to the secretary of state a certified 
abstract of such vote; which abstract shall show 
the whole number of electors voting in such terri¬ 
tory, the whole number of electors voting in such 
corporation, the number of votes cast in each for 
annexation, and the number of votes cast in each 
against annexation. From and after the date of 
the filing of such abstract, such annexation shall 
be deemed complete, and thereafter such territory 
shall be and remain a part of such corporation; 
provided, that no property within such territory 
so annexed shall ever be taxed to pay any portion 
of any indebtedness of such corporation, contracted 
prior to or existing at the date of such annexation. 
If the territory so proposed to be annexed consists, 
in whole or in part, of any municipal corporation, 
or part thereof, such territory shall not be annexed 
under the provisions of this section. 

Municipal Corporations—How Consolidated. 

Sec. 8. Two or more contiguous municipal cor¬ 
porations may become consolidated into one cor¬ 
poration after proceedings had as required in 
this section. The council, board of trustees, 
or other legislative body of either of such cor¬ 
porations shall, upon receiving a petition 
therefor, signed by not less than one-fifth of 
the qualified electors of each of such corporations, 
as shown by the votes cast at the last municipal 
election held in each of such corporations, submit 
to the electors of each of such corporations the 
question whether such corporations shall become 
consolidated into one corporation. Such legislative 


MUNICIPAL CORPORATIONS 


273 


body shall designate a day upon which a special 
election shall be held in each of such corporations 
to determine whether such consolidation shall be 
effected, ana shall give written notice thereof to 
the council, board of trustees, or other legislative 
body of each of the other of such corporations, 
which notice shall designate the name of the pro¬ 
posed new corporation. It shall thereupon be the 
duty of such legislative body of each of the corpora¬ 
tions so proposed to be consolidated to give notice 
of such election, by publication in a newspaper 
printed and published in such corporation, for a 
period of four weeks prior to such election. Such 
notice shall distinctly state the proposition to be 
so submitted, the name of the corporations so pro¬ 
posed to be consolidated, the name of the proposed 
new corporation, and the class to which such pro¬ 
posed new corporation will belong; and shall invite 
the electors to vote upon such proposition by plac¬ 
ing upon their ballots the words “For Consolida¬ 
tion,^ or “Against Consolidation/' or words equiv¬ 
alent thereto. The legislative bodies of each of 
such corporations shall meet in joint convention at 
the usual place cf meeting of the legislative body 
of that one of such corporations having the great¬ 
est population, as shown by the last federal census, 
on the Monday next succeeding the day of such 
election, and proceed to canvass the votes cast 
thereat. The votes cast in each of such corpora¬ 
tions shall be canvassed separately; and if it shall 
appear upon such canvass that a majority of the 
votes cast in each of such corporations shall be for 
consolidation, such joint convention, by an order 
entered upon their minutes, shall cause the clerk, 
or other officer performing the duties of clerk, of 
the legislative body at whose place of meeting such 
joint convention is held, to make a certified abstract 
of such vote; which abstract shall show the whole 
number of electors voting at such election in each 
of such corporations, the number of votes cast in 
each for consolidation and the number of votes cast 
in each against consolidation. Such abstract shall 


274 


MUNICIPAL CORPORATIONS 


be recorded upon the minutes of the legislative body 
of each of such corporations; and immediately upon 
the record thereof, it shall be the duty of the clerk, 
or other officer performing the duties of clerk, of 
each of such legislative bodies to transmit to the 
secretary of state a certified copy of such abstract. 
Immediately after such filing, the legislative body 
of that one of such corporations having the greatest 
population, as shown by the last federal census, shall 
call a special election, to be held in such new cor¬ 
poration for the election of the officers required by 
law to be elected in corporations of the class to 
which such new corporation shall belong, which 
election shall be held within six months thereafter. 
Such election shall be called and conducted in all 
respects in the manner prescribed, or that may 
hereafter be prescribed, by law for municipal elec¬ 
tions in corporations of such class, and shall be can¬ 
vassed by the legislative body so calling the same, 
who shall immediately declare the result thereof, 
and cause the same to be entered upon their journal. 
From and after the date of such entry, such cor¬ 
porations shall be deemed to be consolidated into 
one corporation, under the name and style of the 
city and county (or city or town as the case may 

be) of . (naming it), with the powers 

conferred, or that may hereafter be conferred, by 
law upon municipal corporations of the class to 
which the same shall so belong; and the officers 
elected at such election shall be entitled immediately 
to enter upon the duties of their respective offices, 
upon qualifying in accordance with law, and shall 
hold such offices, respectively, only until the next 
general municipal election to be held in such city 
and county, eity, or town, and until their successors 
are elected and qualified. All the provisions of 
sections 5 and 6 of this act shall apply to such cor¬ 
poration and to the officers thereof; provided, that 
no property within either of the former corpora¬ 
tions so consolidated shall ever be taxed to pay any 
portion of any indebtedness of either of the other 



MUNICIPAL CORPORATIONS, 5th Class 275 

of such former corporations contracted prior to or 
existing at the date of such consolidation. 

* * * * * 

Note.—Sections of the “municipal corporation 
bill” which apply only to cities of the first, sec¬ 
ond, third and fourth classes, have been omitted. 
For full text of this act see Deering’s General Laws 
of California, (1909), act 2348, p. 651. 


CHAPTER VI. 

Municipal Corporations of the Fifth Class. 

[A charter for cities having a population of more 
than three thousand and not exceeding ten 
thousand.] 

# * * # * 


Officers. 

Sec. 751. The government of said city shall be 
vested in a board of trustees, to consist of five mem¬ 
bers; a board of education, to consist of five mem¬ 
bers; and whenever a free public library and read¬ 
ing-room is established therein, five trustees thereof; 
a recorder; a treasurer; a clerk; an attorney; a 
marshal; an assessor; and such subordinate officers 
as are hereinafter provided for; provided, that the 
board of trustees may, in its discretion, by an ordin¬ 
ance adopted, published and recorded as required 
for general ordinances, at least thirty days before 
a general city election at which city officers are 
to be elected, unite and consolidate certain offices 
by declaring: 

1. The city marshal elected shall be ex officio 
superintendent of streets, and health officer; 

2. The city clerk elected shall be ex officio re¬ 
corder and assessor; 

3. The city treasurer elected shall be ex officio 
city tax collector and license tax collector; 

4. The city attorney elected shall be ex officio 
city clerk. 


276 MUNICIPAL CORPORATIONS, 5th Class 


Election and Terms of Office. 

Sec. 752. The members of the board of trustees, 
and of the board of education, and the city clerk, 
city attorney, assessor, marshal, treasurer, and re¬ 
corder shall be elected by the qualified electors of 
said city at a general municipal election, to be held 
therein on the second Monday in April, 1903, and 
on the second Monday in April of each fourth year 
thereafter, and shall hold office for the period of 
four years from and after the Monday next suc¬ 
ceeding the day of such election, and until their 
successors are elected and qualified; provided, that 
a general municipal election shall be held in said 
city on the second Monday in April, 1905, for the 
election of successors to the members of the board 
of trustees and of the board of education whose 
terms of office expire during said year, and said suc¬ 
cessors shall hold office for the period of two years 
from and after the Monday next succeeding the day 
of such election, and until their successors are 
elected and qualified. The board of trustees may in 
their discretion appoint a poundmaster, also a super¬ 
intendent of streets, and a city engineer, all of whom 
shall hold office during the pleasure of the board. 

Ordinance to Divide Administration into Five De¬ 
partments—How Submitted. 

Sec. 752a. The board of trustees may at any 
time submit to the electors at any municipal or at 
any special election to be held for that purpose, 
an ordinance to divide the administration of the 
municipality into five departments and provide 
for the assignment of its several members to be 
heads of such respective departments and to be 
appointed as the commissioners of such respect¬ 
ive departments; provided, that if a department 
of public health be created the commissioner in 
charge may be given the powers and duties of the 
municipal board of health, and such health board 
be thereby abolished. Such ordinance shall define 
the duties, powers and responsibilities of each 
commissioner and may require such commissioner 


MUNICIPAL CORPORATIONS, 5th Class 277 


to devote a specified number of hours of each 
business day to the performance of such duties, 
in which event such commissioner may receive 
a compensation, the amount of same to be fixed 
by said ordinance. The board may by majority 
vote, subject to the provisions of this section, 
assign its several members to be and appoint 
them as the respective commissioners of such sev¬ 
eral departments, and may by like vote from time 
to time change such assignment and appointment. 
It may assign employees to one or more depart¬ 
ments, may require an officer or employee to per¬ 
form duties in two or more departments, and may 
make such other rules and regulations as may 
be necessary or proper to the efficient and eco¬ 
nomical conduct of the business of the munici¬ 
pality. The substance of the ordinance so pro¬ 
posed shall be printed on the ballots used at such 
election substantially as follows: Shall the ad¬ 
ministration of the municipality be divided into 
five departments as follows: (insert the five de¬ 
partments of government proposed and briefly 
designate the powers and duties conferred upon 
each and the compensation each commissioner or 
head of department shall receive), “Yes” and 
“No” so printed in connection therewith that 
the voters may express their choice. The returns 
of the election shall be canvassed and declared 
as at other municipal elections, and if it appears 
that a majority of the votes cast at such election 
were in favor of the ordinance, such ordinance 
shall take effect and be in force on the tenth 
day thereafter. [New section approved April 10, 
1911.] 

Election or Appointment of Officers May Be Sub¬ 
mitted to Voters. 

Sec. 752b. The board of trustees may submit 
to the electors at any municipal election or at a 
special election to be held for that purpose, the 
question as to whether the elective officers, or 
any of them, other than trustees, shall be ap- 


278 MUNICIPAL CORPORATIONS, 5th Class 


pointed by said board, instead of being elected as 
provided in the preceding section. The question 
so submitted shall be printed on the ballots used 
at such election substantially as follows: “Shall 

the board of trustees hereafter appoint the . 

. (naming the offices) of the city (or 

town) of .with the words 

“Yes” and “No” so printed in connection there¬ 
with that the voters may express their choice. The 
returns of the election shall be canvassed and 
declared as at other municipal elections and if it 
appears that a majority of the votes cast on any 
such proposition were in favor of the appoint¬ 
ment of such officers or any of them, then at the 
expiration of the terms of office of any such offi¬ 
cials then in office, and on the occurrence of a 
vacancy in any such offices, such elective officers 
or any of them for the appointment of whom such 
majority vote was so cast, shall thereafter be ap¬ 
pointed by the board of trustees and hold office 
during the pleasure of such board. 

# * * * * 


Vacancies. 

Sec. 754. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but if such 
office be elective, such appointee shall hold office 
only until the next regular election, at which time 
a person shall be elected to serve for the re¬ 
mainder of such unexpired term. In case a mem¬ 
ber of the board of trustees is absent from the 
city for the period of ninety days, unless by per¬ 
mission of the board of trustees, his office shall by 
the board be declared vacant, and the same filled 
as in case of other vacancies. 

Compensation of Trustees—Election to Decide— 

Other Officers. 

Sec. 755. The members of the board of trustees 
shall receive no compensation whatever, provided 
that in all such cities the question of whether the 





MUNICIPAL CORPORATIONS, 5th Class 279 


members of such beard or any of them shall receive 
any compensation for his services as such member, 
and the amount thereof, may be submitted to the 
qualified electors of said city at any general munici¬ 
pal election held therein, and if the majority of such 
electors voting at such election shall vote in favor 
thereof, then such trustee or trustees shall receive 
the compensation specified in the call submitting 
such question at such municipal election; such com¬ 
pensation to begin on the first day of the next month 
succeeding the canvass of the return of such elec¬ 
tion, and the amount so fixed shall from such date 
be a charge against such city; payable the same as 
other fixed salaries are paid. Such compensation 
may be increased or diminished at any general mu¬ 
nicipal election thereof, by submission of such ques¬ 
tion in the same manner and by the same vote as 
herein provided, for the original creation of such 
compensation. 

The treasurer, assessor, marshal, clerk and re¬ 
corder shall severally receive at stated times a 
compensation to be fixed by ordinance by the board 
of trustees, which compensation shall not be in¬ 
creased or diminished after their election or during 
their several terms of office. 

Nothing herein contained shall be construed to 
prevent the board of trustees from fixing such 
several amounts of compensation in the first instance 
during the term of office of any such officer or 
after his election. The compensation of all other 
officers shall be fixed from time to time by the board 
of trustees. 

Elections, How Held. 

Sec. 756. All elections in such city shall be held 
in accordance with the general election laws of the 
state, so far as the same may be made applicable, 
and no person shall be entitled to vote at such 
election unless he shall be a qualified elector of 
the county, enrolled upon the great register there¬ 
of, and shall have resided in such city for at 
least thirty days next preceding such election. 


280 MUNICIPAL CORPORATIONS, 5th Class 


The board of trustees shall give such notice of 
each election as may be prescribed by ordinance, 
shall appoint boards of election, and fix their com¬ 
pensation, and establish election precincts and poll¬ 
ing places, and may change the same; provided, 
that no part of any ward less than the whole 
thereof, shall be attached to any other ward, or 
part thereof, in forming election precincts. At 
any municipal election the last printed great reg¬ 
ister of the county shall be used, and any elector 
whose name is not upon such printed register shall 
be entitled to vote, upon producing and filing with 
the board of election a certificate, under the hand 
and official seal of the county clerk, showing that 
his name is registered and uncanceled upon the 
great register of Such county, provided, that he is 
otherwise entitled to vote. 

Eligibility to Office. 

Sec. 757. No person shall be eligible to hold the 
office of trustee in such city, unless he be a resident 
and elector therein, and shall have resided in such 
city for one year next preceding the date of his 
election. [Amendment approved April 16, 1913.] 
***** 

Rules. 

Sec. 762. The board of trustees shall judge of 
the qualifications of its members and of all elec¬ 
tion returns, and determine contested elections 
of all city officers. They may establish rules foj 
the conduct of their proceedings, and punish any 
member, or other person, for disorderly behavior 
at any meeting. They shall cause the clerk to 
keep a correct journal of all their proceedings, and, 
at the desire of any member, shall cause the ayes 
and noes to be taken on any question, and en¬ 
tered on the journal. 


MUNICIPAL CORPORATIONS, 6th Class 281 


CHAPTER VII. 

Municipal Corporations of the Sixth Class. 

[A charter for cities and towns having a popula¬ 
tion of not exceeding three thousand.] 

* * * * * 

Officers. 

Sec. 851. The government of such city or town 
shall be vested in a board of trustees, to consist 
of five members; a clerk, who shall be ex officio 
assessor; a treasurer; a marshal, to be appointed 
by the board of trustees, who shall be ex-officio 
tax and license collector; a recorder, to be ap¬ 
pointed by the board of trustees; and such subor¬ 
dinate officers as are hereinafter provided for. 

Election and Tenure of Office. 

Sec. 852. The members of the board of trustees 
and the clerk and treasurer shall be elected by 
the qualified electors of said city or town at a 
general municipal election to be held therein on 
the second Monday in April in each even-numbered 
year. The clerk and treasurer shall hold office lor 
a period of two years from and after the Mon¬ 
day next succeeding the day of such election, and 
until their successors are elected and qualified. 
Members of the board of trustees shall hold office 
for the period of four years, from and after the 
Monday next succeeding the day of such election; 
and until their successors are elected and 
qualified; and in event of resigning shall not 
vote on the selection and appointment of their 
successors. The respective terms of the mem¬ 
bers of the first Board of Trustees elected under 
the provisions of this act shall be determined as 
follows: The two persons elected by the highest 
number of votes shall hold office for four years, and 
the three persons elected by the lowest number of 
votes shall hold office two years. In the event two 
or more persons are elected by same number of 
votes, the term of each shall be fixed by lot. The 


282 MUNICIPAL COEPOEATIONS, 6th Class 


board of trustees may, in their discretion, appoint 
an attorney, a poundmaster, a superintendent of 
streets, a civil engineer, a marshal and such police 
and other subordinate officers as in their judgment 
may be deemed necessary, and fix their compensa¬ 
tion, which said officers shall hold office during the 
pleasure of said board. 

Ordinance to Divide Administration into Five De¬ 
partments May Be Submitted. 

Sec. 852a. The board of trustees may at any 
time submit to the electors at any municipal, or at 
any special election to be held for that purpose, an 
ordinance to divide the administration of the mu¬ 
nicipality into five departments, and provide for 
the assignment of its several members to be the 
heads of such respective departments and to be 
appointed as the commissioners of such respective 
departments; provided, that if a department of 
public health be created the commissioner in charge 
may be given the powers and duties of the munici¬ 
pal board of health, and such health board be 
thereby abolished. Such ordinance shall define 
the duties, powers and responsibilities of each 
commissioner and may require such commissioner to 
devote a specified number of hours of each busi¬ 
ness day to the performance of such duties, in 
which event such commissioner may receive a com¬ 
pensation the amount of same to be fixed by said 
ordinance. The board may by majority vote, sub¬ 
ject to the provisions of this section, assign its sev¬ 
eral members to be and appoint them as the re¬ 
spective commissioners of such several departments 
and may by like vote from time to time change 
such assignment and appointment. It may assign 
employees to one or more departments, may re¬ 
quire an officer or employee to perform duties in 
two or more departments, and may make such other 
rules and regulations as may be necessary or proper 
to the efficient and economical conduct of the busi¬ 
ness of the municipality. The substance of the or¬ 
dinance so proposed shall be printed on the ballots 


MUNICIPAL CORPORATIONS, 6th Class 283 

used at such election substantially as follows: shall 
the administration of the municipality be divided 
into five departments as follows: (insert the five 
departments of government proposed and briefly 
designate the powers and duties conferred upon 
each and the compensation each commissioner or 
head of department shall receive), “Yes” and 
“No” so printed in connection therewith that the 
voters may express their choice. The returns of 
the election shall be canvassed and declared as at 
other municipal elections and if it appears that a 
majority of the votes cast at such election were 
in favor of the ordinance, such ordinance shall take 
effect and be in force on the tenth day thereafter. 

Election or Appointment of Officers May Be Sub¬ 
mitted to Voters. 

Sec. 852b. The board of trustees may submit 
to the electors at any municipal election, or at a 
special election to be held for that purpose, tho 
question as to whether the elective officers, or any 
of them, other than trustees, shall be appointed by 
said board, instead of being elected as provided in 
the preceding section. The question so submitted 
shall be printed on the ballots used at such election 
substantially as follows: “Shall the board of trus¬ 
tees hereafter appoint the. (naming 

the offices) of the city (or town) of.,” 

with the words “Yes” or “No” so printed in con¬ 
nection therewith that the voters may express 
their choice. The returns of the election shall be 
canvassed and declared as at other municipal elec¬ 
tions, and if it appears that a majority of the 
votes cast on any such proposition were in favor 
of the appointment of such officers or any of them, 
then at the expiration of the terms of office of 
any such officials then in office, and on the occur¬ 
rence of a vacancy in any such offices, such elective 
officers or any of them, for the appointment of 
whom such majority vote was so cast, shall there¬ 
after be appointed by the board of trustees and 
hold office during the pleasure of such board. 




284 MUNICIPAL CORPORATIONS, 6th Class 


Vacancies, How Filled. 

Sec. 854. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but in the 
event of said board of trustees failing to fill such 
vacancy by appointment within thirty days after 
& vacancy occurs, they must, if said office be an 
elective one, immediately after the expiration of 
said thirty days cause an election to be held to 
fill said vacancy, provided, however, that any per¬ 
son appointed or elected to fill such vacancy shall 
hold office only until the next regular election, at 
which time a person shall be elected to serve for 
the remainder of such unexpired term. In case a 
member of the board of trustees is absent from 
the city for the period of ninety days, unless by 
permission of the board of trustees, his office shall 
by the board be declared vacant, and the same 
filled as in case of other vacancies. 

Compensation of Trustees—Election to Decide— 
Other Officers. 

Sec. 855. The members of the board of trustees 
shall receive no compensation whatever; provided, 
that in all such cities, the question of whether the 
members of such board or any of them shall re¬ 
ceive any compensation for his services as such 
member and the amounts thereof, may be submitted 
to the qualified electors of such cities at any gen¬ 
eral election, and if a majority of such electors 
voting at such election shall vote in favor thereof, 
then such trustee or trustees shall receive the com¬ 
pensation specified in the call submitting such ques¬ 
tion at such election; such compensation to begin 
on the first day of the month next succeeding the 
canvass of the return of such election and the 
amount so fixed shall, from such date, be a regular 
charge against such city, payable the same as other 
fixed salaries are paid. Such compensation may be 
increased or diminished at any general election 
thereafter, by submission of such question in the 
same manner and by the same vote as herein pro- 


MUNICIPAL CORPORATIONS, 6th Class 285. 

vided for the original creation of such compen¬ 
sation. 

The clerk, treasurer, marshal, and recorder shall 
severally receive, at stated times, a compensation, 
to be fixed by ordinance by the board of trustees, 
which compensation shall not be increased or dim¬ 
inished after their election, or during their several 
terms of office. Nothing herein contained shall be 
construed to prevent the board of trustees from 
fixing such several amounts of compensation in the 
first instance, during the term of office of any such 
officer, or after his election. The compensation of 
all other officers shall be fixed from time to time 
by the board of trustees. 

Elections, How Held. 

Sec. 856. All elections in such city or town shall 
be held in accordance with the general election 
laws of the state, so far as the same may be made 
applicable; and no person shall be entitled to vote 
at such election unless he shall be a qualified elec¬ 
tor of the county, enrolled upon the great register 
thereof, and shall have resided in such city for at 
least thirty days next preceding such election. The 
board of trustees shall give such notice of each 
election as may be prescribed by ordinance, shall 
appoint boards of election, and fix their compensa¬ 
tion, and establish election precincts and polling 
places, and may change the same. At any munici¬ 
pal election the last printed great register of the 
county shall be used, and any elector whose name 
is not upon such printed register shall be entitled 
to vote upon producing and filing with the board 
of election a certificate, under the hand and official 
seal of the county clerk, showing that his name 
is registered and uncanceled upon the great register 
of such county; provided, that he is otherwise en¬ 
titled to vote. 

Eligibility to Office. 

Sec. 857. No person shall be eligible to hold the of¬ 
fice of trustee in such city, unless he be a resident 


286 CONSOLIDATION OP ELECTIONS 


and elector therein, and shall have resided in such 
city for one year next preceding the date of his 
election. 

# * • * * 

Rules. 

Sec. 860. The board of trustees shall judge of 
the qualifications of its members and of all election 
returns, and determine contested elections of all 
city officers. They may establish rules for the con¬ 
duct of their proceedings, and punish any member 
or other person for disorderly behavior at any meet¬ 
ing. They shall cause the clerk to keep a correct 
journal of all their proceedings, and at the desire 
of any member shall cause the ayes and noes to 
be taken on any question, and entered on the 
journal. 

« • * * * 


An act to permit the consolidation of elections and 
to provide a procedure therefor. 

[Approved June 11, 1913; amended Stats. 1915, 

chap. 614.] 

Section 1. Whenever two or more elections are 
ealled to be held on the same day, in the same ter¬ 
ritory, or in territory that is in part the same, such 
elections may be consolidated in the manner pro¬ 
vided by this act. 

Sec. 2. Any such two or more elections, whether 
held under a freeholder charter or under any state 
law, or both, may be so consolidated and different 
elections called by the same governing body may 
be so consolidated. 

Sec. 3. Such elections may be consolidated as to 
territory which is the same by order of the govern¬ 
ing body or bodies calling the elections; and where 
one of the elections to be consolidated is a state 
election, the board of supervisors of the county 
wherein said consolidation may be had shall have 
authority to order such consolidation, as respect# 
such state election. 



CONSOLIDATION OF ELECTIONS 287 


Sec. 4. Within the territory affected by such order 
of consolidation, the election precincts, polling 
places and voting booths shall, in every case, be 
the same and there shall be only one set of election 
officers in each of such precincts. When the re¬ 
turns of elections consolidated under this act are 
required to be canvassed by different canvassing 
bodies, such elections shall be conducted separately 
in the same manner as if they had not been con¬ 
solidated, except as in this section provided; and 
provided, further, that in case of the consolidation 
of an election called by the legislative body of a 
city with an election called by the board of super¬ 
visors of the county in which such city is situated, 
the governing body of such city, in the ordinance or 
notice calling such election, may authorize such 
board of supervisors to canvass the returns of such 
election, and such election shall be held in all re¬ 
spects as if there were only one election, and only 
one ticket or ballot shall be used thereat; and the 
returns of such election need not be canvassed by 
the legislative body of such city. When the re¬ 
turns of any two or more elections consolidated un¬ 
der this act are' required to be canvassed by the 
same body, such elections shall be held in all re¬ 
spects as if there were only one election, and only 
one ticket or ballot shall be used thereat. 

Sec. 5. When elections are consolidated under 
the provisions of this act, the governing body or 
bodies ordering such consolidation may, in the ter¬ 
ritory affected thereby, provide for the appointment 
of officers of election, for the formation of precincts 
for such elections and the expenses of said elec¬ 
tion. 

Sec. 6. Nothing in this act shall be so construed 
as to repeal an act of the legislature of the State 
of California, entitled, “An act to provide for the 
regulation of the traffic in alcoholic liquors by es¬ 
tablishing local option; authorizing the filing of 
petitions praying for elections to vote upon the 
question whether the sale of alcoholic liquors shall 
be licensed within the territory described in such 


288 


CLASSIFICATION OF 


petitions; providing for the calling and holding of 
such elections; making it the duty of the proper 
governing body to declare such territory to be no¬ 
license territory unless a majority of votes is cast 
in favor of license; providing that no licenses, per¬ 
mits or other authority to sell or distribute alco¬ 
holic liquors in no-license territory shall be granted; 
forfeiting and declaring void all such licenses or 
permits theretofore issued and in force; making it 
a penal offense to sell, give away or distribute 
alcoholic liquors within such territory, with certain 
exceptions; and providing penalties for such of¬ 
fenses. Approved April 4, 1911. ” 

An Act to Provide for the Classification of 

Municipal Corporations. 

[Approved March 2, 1883, as amended.] 

The people of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Classification. 

Section 1. All municipal corporations within the 
state are hereby classified as follows: Those having 
a population of more than 400,000 shall constitute 
the first class; those having a population of more 
than 250,000 and not exceeding 400,000 shall consti¬ 
tute the first and one-half class; those having a pop¬ 
ulation of more than 100,000, and not exceeding 
250,000 shall constitute the second class; those hav¬ 
ing a population of more than 35,000 and not ex¬ 
ceeding 100,000 shall constitute the second and one- 
half class; those having a population of more than 
23,000 and not exceeding 35,000 shall constitute the 
third class; those having a population of more than 
20,000 and not exceeding 23,000 shall constitute the 
fourth class; those having a population of more 
than 6,000 and not exceeding 20,000 shall constitute 
the fifth class; those having a population of not 
exceeding 6,000 shall constitute the sixth class; pro¬ 
vided that nothing herein shall change the classi¬ 
fication of existing cities organized under the mu¬ 
nicipal corporation act. 


MUNICIPAL CORPORATIONS 


280 


Based on Census. 

Sec. 2. For the purpose of classifying municipal 
corporations as in this act provided, the population 
of all municipal corporations within the state is 
hereby determined to be the population of such 
municipal corporations as shown by the federal 
census taken in the year A. D. nineteen hundred 
and ten; provided, however, that whenever a new 
federal census is taken, the municipal corporations 
within the state are not, by operation of law, re¬ 
classified under such census, but shall remain in the 
old classification until reclassified by the legislature, 
unless a direct enumeration of the inhabitants there¬ 
of be made, as in section 3 of this act provided. 
^Amendment approved, February 9, 1911; in effect 
immediately.] 

Reorganization of. 

Sec. 3. The Council, Board of Trustees, or other 
legislative body of any municipal corporation, may 
at any time cause an enumeration of the inhabitants 
thereof to be made, and in such manner and under 
such regulations as such body may by ordinance 
direct. If upon such enumeration it shall appear 
that such municipal corporation contains a suffi¬ 
cient number of inhabitants to entitle it to reor¬ 
ganize under a higher or lower class, the Common 
Council, Trustees, or other legislative body shall, 
upon receiving a petition therefor signed by not 
less than one-fifth of the qualified electors thereof, 
submit to the electors of such city or town, at the 
next general election to be held therein, the ques¬ 
tion whether such city or town shall reorganize 
under the laws relating to municipal corporations 
of the class to which such city or town may be¬ 
long. And thereupon such proceedings shall be 
had and election held as provided in the general 
law for the reorganization, incorporation and gov¬ 
ernment of municipal corporations. If a majority 
of the votes cast at such election shall be in favor 
of such reorganization, thereafter such officers 
shall be elected as are or may be and at the time 


290 DIRECT LEGISLATION BY CITIES 


prescribed by law for municipal corporations of 
the class having the population under which such 
reorganization is had, and from and after the 
qualification of such officers, such corporation 
shall belong to such class. Whenever the result 
of such enumeration shall have been declared by 
the Council, Board of Trustees, or other governing 
body, and entered in the minutes of such body, 
thereupon the number of such inhabitants so as¬ 
certained shall be deemed the number of the in¬ 
habitants of such city for all the purposes of this 
Act, and for the purposes of legislation affecting 
municipalities. The Clerk of the Council, Board 
of Trustees, or other governing body of such city, 
shall cause a certified copy of such minute order 
to be filed with the Board of Supervisors of the 
county wherein such city is situated. 

73 Cal. 311; 76 Cal. 451; 85 Cal. 347, 349; 111 Cal. 
104, 105; 117 Cal. 574, 575; 118 Cal. 403; 120 Cal. 389, 
390, 392, 394; 127 Cal. 159; 143 Cal. 566, 567, 569, 
571; 151 Cal. 467; 3 Cal. App. 720; 6 Cal. App. 738. 

An Act to provide for direct legislation by cities and 
towns, including initiative and referendum. 

[Approved January 2, 1912; amended Stats. 1915, 

chap. 155, amended Stats. 1917, chap. 518.] 

The people of the State of California do enact as 
follows: 

Sec. 1. Ordinances may be enacted by and for 
any incorporated city or town of the state in the 
manner following: Any proposed ordinance may be 
submitted to the legislative body of such city or 
town by a petition filed with the clerk of "such 
legislative body after being signed by qualified 
electors of the city or town not less in number than 
the percentages hereinafter required. The signatures 
to the petition need not all be appended to one 
paper. Each signer shall add to his signature his 
place of residence and occupation, giving street and 
number, where such street and number, or either, 


DIRECT LEGISLATION BY CITIES 291 


exist, and if no street or number exist, then such 
a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each such 
separate paper shall have attached thereto an affi¬ 
davit made by a qualified elector of the city or 
town, and sworn to before an officer competent to 
administer oaths, stating that the affiant circu¬ 
lated that particular paper and saw written the 
signatures appended thereto; and that according 
to the best information and belief of the affiant, 
each is the genuine signature of the person whose 
name purports to be thereunto subscribed, and of 
a qualified elector of the city or town. Within ten 
days from the date of filing such petition, the clerk 
shall examine, and from the records of registration, 
ascertain whether or not said petition is signed by 
the requisite number of qualified electors, and he 
shall attach to said petition his certificate showing 
the result of said examination. If by the clerk’s 
certificate the petition is shown to be insufficient, 
it may be supplemented within ten days from the 
date of such certificate by the filing of additional 
papers, duplicates of the original petition except as 
to the names signed. The clerk shall, within ten 
days after such supplementing papers are filed, make 
like examination of the supplementing petition, and 
if his certificate shall show that all the names to 
such petition, including the supplemental papers, 
are still insufficient, no action on the petition shall 
be mandatory on the legislative body; but the 
petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely 
new petition to the same or similar effect. If the 
petition shall be found to be sufficient, the clerk 
shall submit the same to the legislative body at its 
next regular session. If the petition accompanying 
the proposed ordinance be signed by not less than 
fifteen per cent of the electors of such city or town, 
and contains a request that such ordinance be sub¬ 
mitted forthwith to a vote of the people at a special 
election, then the legislative body shall either: 


292 DIRECT LEGISLATION BY CITIES 


(a) Pass such ordinance without alteration at the 
regular session at which it is presented and within 
ten days after it is presented or 

(b) Forthwith, the legislative body shall proceed 
to call a special election at which such ordinance, 
without alteration, shall be submitted to a vote of 
the electors of the city or town. 

If the petition be signed by the electors not less 

than ten per cent of the electors of such city or 
town, and the ordinance petitioned for is not re¬ 
quired to be, or for any reason is not, submitted 
to the electors at a special election, and is not 
passed without change by said legislative body, 
then such ordinance without alteration, shall be 
submitted by the legislative body to a vote of 
the electors at the next regular municipal election. 
The ballots used when voting upon said proposed 
ordinance shall have printed thereon the words 
‘‘Shall the ordinance (stating the nature thereof) 
be adoptedf” Opposite such proposition to be 
voted on, and to the right thereof, the words “Yes” 
and “No” shall be printed on separate lines, with 
voting squares. If an elector shall stamp a cross 
(X) in the voting square after the printed word 
“Yes,” his vote shall be counted in favor of the 
adoption of the ordinance, and if he shall stamp a 
cross (X) in the voting square after the printed 
word “No,” his vote shall be counted against the 
adoption of the same. If a majority of the qualified 
electors voting on said proposed ordinance shall 
vote in favor thereof, such ordinance shall there¬ 
upon become a valid and binding ordinance of the 
city or town, and be considered as adopted upon 
the date that the vote is canvassed and declared 
by the canvassing board, and go into effect ter. 
days thereafter. Such ordinance shall have the 
same force and effect as one passed by the legisla¬ 
tive body of the city or town, except that no ordi¬ 
nance proposed by petition as in this section pro¬ 
vided, and thereafter passed by the vote of the 


DIRECT LEGISLATION BY CITIES 293 


legislative body of the city or town without submis¬ 
sion to a vote of the people, or voted upon and 
adopted by the people, shall be repealed or amended 
except by a vote of the people, unless provision 
otherwise be made in the ordinance itself. Any 
number of proposed ordinances may be voted upon 
at the same election in accordance with the pro¬ 
visions of this statute; provided, that there shall 
not be held under this statute more than one spe¬ 
cial election in any period of six months. If any 
measure be submitted upon an initiative petition 
of registered voters, as hereinbefore provided, the 
persons filing said petition shall have the right, if 
they so choose, to present and file therewith a 
written argument in support thereof not exceeding 
three hundred words in length, which argument 
shall be printed upon the sample ballot issued for 
said election. Upon the same ballot shall also be 
printed any argument of not exceeding three hun¬ 
dred words in length in opposition thereto which 
may be prepared by the legislative body. If the 
provisions of two or more ordinances adopted at 
the same election conflict, then the ordinance re¬ 
ceiving the highest number of affirmative votes shall 
control. The legislative body of the city or town 
may submit to the people, without a petition there¬ 
for. a proposition for the repeal of any adopted 
ordinance, ot for amendments thereto, or for the 
enactment of any new ordinance, to be voted upon 
at anv 'ucceoding regular or special municipal city 
or t'• \vn election, and if such proposition so sub¬ 
mitted receive a majority of the votes cast thereon 
at such election, such ordinance shall be repealed, 
amended or enacted accordingly. Whenever any or- 
dimim v ■ r proposition is required by this statute 
to be submitted to the voters of a city or town at 
any election, the clerk of the legislative body shall 
cause the ordinance or proposition to be printed 
and he shall mail a copy thereof, enclosed in an 
envelope with a sample ballot to each voter at 
least ten days prior to the election. All the pro- 


294 DIRECT LEGISLATION BY CITIES 


visions of this statute are to be liberally construed 
for the purpose of ascertaining and enforcing the 
will of the electors. The enacting clause of an ordi¬ 
nance passed by the vote of the electors shall be 
substantially in the following form: “The people 
of the city (or town) of-- do ordain as fol¬ 

lows When a special election is to be called 
under the terms of this section, it shall be held 
not less than thirty nor more than sixty days after 
the date of the presentation of the proposed ordi¬ 
nance to the legislative body, and shall be held as 
nearly as may be in accordance with the election 
laws of the state; provided, however, that, to avoid 
holding more than one such election within any 
six months, the date for holding such special elec¬ 
tion may be fixed later than sixty days, but at as 
early a date as practicable after the expiration of 
such six months; provided, further, that when under 
any of the terms of this statute fixing the time 
within which a special election shall be held it is 
made possible to hold the same within six months 
prior to a regular municipal election, the legislative 
body may in its discretion, submit the proposed 
ordinance at such regular election instead of at a 
special election. Except an ordinance calling or 
otherwise relating to an election, no ordinance 
passed by the legislative body of a city or town, 
except when otherwise specially required by the 
laws of the state, and except an ordinance for the 
immediate preservation of the public peace, health 
or safety, which contains a declaration of, and the 
facts constituting its urgency and is passed by a 
four-fifths vote of the legislative body of a city 
or town, and no ordinance granting a franchise 
shall go into effect before thirty days from its final 
passage; and if, during said thirty days, a petition, 
signed by qualified voters of the city or town equal 
to ten per cent of the electors of such city or town, 
voted for, protesting against the passage of such 
ordinance, be presented to the legislative body, the 
same shall thereupon be suspended from going into 
operation, and shall be the duty of the legislative 



DIRECT LEGISLATION BY CITIES 295 


body to reconsider such ordinance. If said legisla¬ 
tive body shall thereupon not entirely repeal said 
ordinance, it shall submit the same to a vote of 
the electors either at a regular municipal election 
or a special election to be called for the purpose, 
and such ordinance shall not go into effect or be¬ 
come operative unless a majority of the voters 
voting upon the same shall vote in favor thereof. 
Such petitions and the provisions of the law rela¬ 
tive to the duty of the clerk in regard thereto 
and the manner of voting thereon, shall conform 
to the rules provided herein for the initiation of 
legislation by the electors. 

In cities or towns having a mayor (or like officer), 
with the veto power, the passage of an ordinance 
petitioned for by the electors, followed by its veto 
by the mayor (or like officer) and the failure of 
the legislative body to pass the same over such veto, 
shall be deemed and treated as a refusal of the 
legislative body to pass the ordinance, within the 
meaning of this statute; and a vote of the legisla¬ 
tive body in favor of the repeal of an ordinance 
previously passed (but protested against by the 
electors as herein provided for) followed by a veto 
of such repeal by the mayor (or like officer) and 
the failure of the legislative body to pass said 
repeal over said veto, shall be deemed and treated 
as a refusal to repeal the ordinance so protested 
against. In such city or town the date of approval 
of an ordinance by the mayor or like officer (or of 
the expiration without his action thereon of the 
time within which he may veto the same, if such 
expiration of time for his action without his ap¬ 
proval or veto has the effect of making the ordi¬ 
nance a law) shall be deemed the date of final pas¬ 
sage of the ordinance by the legislative body, within 
the meaning of this statute. Any duty herein in 
terms, or by reasonable implication, imposed upon 
the legislative body in regard to calling an election, 
or in connection therewith, shall be likewise im¬ 
posed upon any mayor, or any other officer having 


296 


RECALL—CITY OFFICERS 


any duty to perform connected with the elections, 
so far as may be necessary to fully carry out the 
provisions of this statute. 

Sec. 2. This act is not intended to apply to 
those cities having a freeholders’ charter adopted 
and ratified under the provisions of section 8 of 
article XI of the constitution, and having in such 
charter provision for the direct initiation of ordi¬ 
nances by the electors; nor to proceedings had for 
the improvement of streets in or rights of way 
owned by municipalities, the opening or closing of 
streets, the changing of grades or the doing of other 
work, the cost of which or any portion of which is 
to be borne by special assessments upon real prop¬ 
erty. [Amendment approved May 18, 1917.] 

Sec. 3. Sections 2 and 3 of the act approved 
March 14th, 1911, entitled “An act adding three 
new sections to an act entitled ‘An act to provide 
for the organization, incorporation and government 
of municipal corporations,’ approved March 13,1883, 
to be numbered 10, 11 and 12 and relating to the 
government of municipal corporations and providing 
for the recall, initiative and referendum,” are 
hereby repealed. 

An Act to provide for the recall of elective officers 
of incorporated cities and towns. 

[Approved January 2, 1912.] 

The people of the State of California do enact as 
follows: 

Sec. 1. The holder of any elective office of any 
incorporated city or town may be removed or re¬ 
called at any time by the electors; provided, he 
has held his office at least six months. The pro¬ 
visions of this statute are intended to apply to 
officials now in office, as well as to those hereafter 
elected. The procedure to effect such removal or 
recall shall be as follows: A petition demanding the 
election of a successor to the person sought to be 
removed shall be filed with the clerk of the legis- 


RECALL—CITY OFFICERS 


297 


lative body of such city or town, which petition 
shall be signed by qualified voters equal in num¬ 
ber to at least twenty-five per cent of the entire 
vote cast within such city or town for all candi¬ 
dates for the office which the incumbent sought to 
be removed occupies, at the last preceding regular 
municipal election at which such officer was voted 
for (or a like percentage of such vote within those 
precincts of the city or town embraced within the 
ward or subdivision of the city or town entitled to 
vote for a successor to the officer named, in case of 
an official not elected by the city or town at large), 
and shall contain a statement of the grounds on 
which the removal or recall is sought, which state¬ 
ment is intended solely for the information of the 
electors. Any insufficiency of form or substance in 
such statement shall in nowise affect the validity 
of the election and proceedings held thereunder. 
The signatures to the petition need not all be ap¬ 
pended to one paper. Each signer shall add to his 
signature his place of residence and occupation, giv¬ 
ing street and number, where such street and num¬ 
ber, or either, exist, and if no street or number 
exist, then such a designation of the place of resi¬ 
dence as will enable the location to be readily ascer¬ 
tained. Each such separate paper shall have attached 
thereto an affidavit made by a qualified elector of 
the city or town (or particular subdivision thereof 
as the case may be) and sworn to before an officer 
competent to administer oaths, stating that the 
affiant circulated that particular paper and saw 
written the signatures appended thereto; and that 
according to the best information and belief of the 
affiant, each is the genuine signature of the person 
whose name purports to be thereunto subscribed, 
and of a qualified elector of the city or town (or 
particular subdivision thereof). Within ten days 
from the date of filing such petition, the clerk shall 
examine and from records of registration ascertain 
whether or not said petition is signed by the requi¬ 
site number of qualified voters, and he shall attach 
to said petition his certificate showing the result of 


298 


RECALL—CITY OFFICERS 


said examination. If by the clerks certificate the 
petition is shown to be insufficient, it may be sup¬ 
plemented within ten days from the date of such 
certificate, by the filing of additional papers, dupli¬ 
cates of the original petition except as to the names 
signed. The clerk shall, within ten days after 
auch supplementing papers are filed, make like ex¬ 
amination of the suplementing petition, and if his 
certificate shall show that all the names to such 
petition, including the supplemental papers, are still 
insufficient, no action shall be taken thereon; but 
the petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely new 
petition to the same effect. If required by the clerk, 
the legislative body of said city or town, shall au¬ 
thorize him to employ, and shall provide for the com¬ 
pensation to be paid, persons necessary in the ex¬ 
amination of said petition and supplementing peti¬ 
tion, all in addition to the persons regularly em¬ 
ployed by him in his office. In case the clerk is 
the officer sought to be recalled, the duties herein 
provided to be performed by him shall be per¬ 
formed by some other person designated by said 
legislative body for that purpose. If the petition 
shall be found to be sufficient, the clerk shall submit 
the same to the legislative body of the city or 
town without delay, whereupon that body shall 
forthwith cause a special election to be held within 
not less than thirty-five nor more than forty days 
after the date of the order calling such election, to 
determine whether the voters will recall such officer; 
provided, that if a regular municipal election is to 
occur within sixty days from the date of the order 
calling such election, the legislative body of the city 
or town may, in its discretion, postpone the holding 
of such election to such regular municipal election 
or submit such recall election at any such election 
occurring not less than thirty-five days after such 
order. If a vacancy occur in said office after a 
recall petition is filed, the election shall nevertheless 
proceed as in this section provided. One petition 


RECALL—CITY OFFICERS 


299 


is sufficient to propose the removal and election of 
one or more elective officials. One election is com¬ 
petent for the removal and election of one or more 
elective officials. Nominations for any office under 
such recall election shall be made by petition in 
the manner prescribed by section 1188 of the Political 
Code; except that no party affiliation of candidate, 
signer or verification deputy shall be given, nor 
shall the election as a convention delegate or par¬ 
ticipation in a primary election be any bar to sign¬ 
ing such petition. Upon the sample ballot there 
shall be printed in not more than two hundred 
words, the reasons set forth in the recall petition 
for demanding the recall of the officer, and upon the 
same ballot in not more than two hundred words, 
the officer may justify his course in office. There 
shall be printed on the recall ballot, as to every 
officer whose recall is to be voted on thereat, the 
following question: “ Shall (name of person against 
whom the recall petition is filed) be recalled from the 
office of (title of the office) ?” following which ques¬ 
tion shall be the words “Yes” and “No” on sep¬ 
arate lines, with a blank space at the right of each, 
in which the voter shall indicate by stamping a cross 
(X) his vote for or against such recall. On such 
ballots, under each such question, there shall also be 
printed the names of those persons who have been 
nominated as candidates to succeed the person re¬ 
called, in case he shall be removed from office by 
said recall election; but no vote shall be counted for 
any candidate for said office unless the voter also 
voted on said question of the recall of the person 
sought to be recalled from said office. The name 
of the person against whom the petition is filed shall 
not appear on the ballot as a candidate for the 
office. If a majority of those voting on said ques¬ 
tion of the recall of any incumbent from office shall 
vote “No,” said incumbent shall continue in said 
office. If a majority shall vote “Yes,” said in¬ 
cumbent shall thereupon be deemed removed from 
such office, upon the qualification of his successor. 
The canvassers shall canvass all votes for candidates 


300 


PUBLIC UTILITIES IN CITIES 


for said office and declare the result in like man¬ 
ner as in a regular election. If the vote at any 
such recall election shall recall the officer, then the 
candidate who has received the highest number of 
votes for the office shall be thereby declared elected 
for the remainder of the term. In case the person 
who received the highest number of votes shall fail 
to qualify within ten days after receiving his cer¬ 
tificate of election, the office shall be deemed vacant 
and shall be filled according to law. 

Sec. 2. This act is not intended to apply to those 
cities having a freeholders ’ charter, adopted under 
the provisions of section 8 of article XI of the con¬ 
stitution, and having in such charter provision for 
the recall of elective officials by the electors. 

Sec. 3. Section one (1) of an act entitled “An 
act adding three new sections to an act entitled 
‘An act to provide for the organization, incorpora¬ 
tion and government of municipal corporations,’ ap¬ 
proved March 13, 1883, to be numbered 10, 11 and 
12 and relating to the government of municipal cor¬ 
porations and providing for the recall, initiative 
and referendum,” and approved Mareh 14th, 1911, 
is hereby repealed. 

An act to provide for submitting to the qualified 
electors of every city and county, or incorporated 
city or town, in this state, the question whether 
such city and county, or incorporated city or 
town, shall retain powers of control vested there¬ 
in respecting all or any public utilities, and to 
provide for elections thereafter to surrender such 
powers of control in case the qualified electors 
of any such city and county, or incorporated city 
or town, shall have voted to retain such powers 
of control. 

[Approved June 7, 1915, Stats. 1915, chap. 646.] 

The people of the State of California do enact as 
follows: 

Section 1. Any city and county, or incorporated 


PUBLIC UTILITIES IN CITIES 


301 


city or town, may retain or surrender to the rail¬ 
road commission of the State of California the 
powers of control vested therein to supervise and 
regulate the relationship between any one or more 
classes of public utilities, and their present or pros¬ 
pective customers, consumers or patrons, and, if it 
has retained such powers over any class or classes 
of public utilities, may thereafter surrender such 
powers to the railroad commission of the State of 
California, hereinafter called the railroad commis¬ 
sion, all as in this act provided, but this act shall 
not be construed to authorize any* city and county, 
or incorporated city or town, to surrender to the 
railroad commission, its powers of control to super¬ 
vise and regulate the relationship between a public 
utility and the general public in matters affecting 
the health, convenience and safety of the general 
public, including matters such as the use and repair 
of public streets by any public utility, the location 
of the poles, wires, mains or conduits of any public 
utility, on, under or above any public streets, and 
the speed of common carriers operating within the 
limits of the municipality. 

Sec. 2. (a) The. term “ municipal corporation, ’ ’ 

as used in this act, shall be construed to mean a 
city and county, or incorporated city or town. The 
term “legislative body,” as used in this act, shall 
be construed to mean the board of supervisors, mu¬ 
nicipal council, commission or other legislative or 
governing body of a municipal corporation. 

(b) The term “powers of control,” as used in 
this act, and as used on any ballot prepared and 
used under the provisions of this act, with reference 
to lie utilities, or to any class or classes of pub¬ 
lic utilities in any municipality or municipalities, 
all powers of control vested in such munici¬ 
pality or municipalities to .supervise and regulate 
the relationship between such public utilities, or 
such class or classes of public utilities, and their 
present or prospective customers, consumers or pa¬ 
trons, but said term shall not be construed to in- 


302 


PUBLIC UTILITIES IN CITIES 


elude the powers of control vested in any munici¬ 
pality of municipalities to supervise and regulate 
the relationship between such public utilities, or 
such class or classes of public utilities, and the gen¬ 
eral public in matters affecting the health, conven¬ 
ience and safety of the general public, including 
matters such as the use and repair of public streets 
by any public utility, the location of the poles, 
wires, mains or conduits of any public utility, on, 
under or above any public streets, and the speed 
of common carriers operating within the limits of 
the municipality. 

Sec. 3. The terms “railroad corporation, ’ 3 
“street railroad corporation,” “common carrier,” 
“gas corporation,” “electrical corporation,” “tele¬ 
phone corporation,” “telegraph corporation,” 
“water corporation,” “wharfinger,” “warehouse¬ 
man, 1 3 and ‘ 1 public utility, , 3 as used in this act, 
shall severally have the same meaning as is given 
to them, respectively, in section 2 of the act known 
as the “public utilities act.” 

Sec. 4. The question whether any municipal cor¬ 
poration shall retain its powers of control respect¬ 
ing one or more classes of public utilities may be 
submitted to the qualified electors of such munici¬ 
pal corporation, as provided in this act, either at a 
general municipal election or at a special election 
held therein. Such a question may be so submitted, 
either in pursuance of an ordinance of intention 
adopted by a vote of three-fifths of all the mem¬ 
bers of the legislative body of such municipal cor¬ 
poration, declaring that the public interest requires 
the submission of, and that it is the intention of 
such legislative body to submit such question to a 
vote of the qualified electors of such municipal cor¬ 
poration, or in pursuance of a petition of qualified 
electors of such municipal corporation, as hereinafter 
provided. Such ordinance of intention or such peti¬ 
tion, as the case may be, shall contain the proposi¬ 
tions proposed to be so submitted, as set forth in 
section 6 of this act. Such petition shall be signed 


PUBLIC UTILITIES IN CITIES 


303 


by qualified electors of such municipal corporation, 
equal in number to ten per centum of such quali¬ 
fied electors, computed upon the total number of 
votes cast in such municipal corporation for all 
candidates for governor at the last preceding gen¬ 
eral election prior to the filing of such petition at 
which a governor was elected. Such petition may 
consist of separate papers; provided, that if any 
paper consists of more than one sheet, it shall be 
securely fastened together at the top. The signa¬ 
tures need not all be appended to one sheet of 
paper. Each such paper shall have attached there¬ 
to, at the bottom of the last sheet thereof, the affi¬ 
davit of a qualified elector of such municipal cor¬ 
poration, stating that all of the signatures on each 
sheet thereof were made in his presence, and that 
to the best of his knowledge and belief each signa¬ 
ture is a genuine signature of the person whose 
name purports to be thereto subscribed. Such peti¬ 
tion shall be filed with the clerk of the legislative 
body of such municipal corporation. Within ten 
days from the date of the filing of such petition, 
said clerk shall .examine the petition and ascertain 
from the record of the registration of the electors 
of the city and county, or of the county in which 
such municipal corporation is situated, whether the 
petition is signed by the requisite number of the 
qualified electors of such municipal corporation; and 
if requested by said clerk, the said legislative body 
of said municipal corporation shall authorize him 
to employ persons specially to assist him in the 
work of examining such petition and shall provide 
for their compensation. Upon the completion of 
such examination, said clerk shall forthwith attach 
to said petition his certificate, properly dated, show¬ 
ing the result of such examination. If from such 
examination, said clerk shall find that said petition 
is signed by the requisite number of qualified elect¬ 
ors, he shall certify that the same is sufficient; but 
if, from such examination, he shall find that said 
petition is not signed by such requisite number of 


304 


PUBLIC UTILITIES IN CITIES 


qualified electors, he shall certify to the number of 
qualified electors signing such petition and to the 
number of qualified electors required to make such 
petition sufficient. If, by the certificate of said 
clerk, the petition is shown to be insufficient, it 
may be amehded by filing a supplemental petition 
within ten days from the date of such certificate. 
Said clerk shall, within ten days from the filing of 
such supplemental petition, make like examination 
of the same and certify to the result of such exam¬ 
ination as hereinbefore provided. If the certificate 
of the clerk shall show any such petition, or any 
such petition together with a supplemental petition, 
to be insufficient, it shall be retained by him and 
kept as a public record, without prejudice, however, 
to the filing of a new petition to the same effect. 
But if, by the certificate of the clerk, such petition, 
or such petition together with a supplemental peti¬ 
tion, is shown to be sufficient, the clerk shall forth¬ 
with present the same to the legislative body of 
such municipal corporation. The sufficiency or in¬ 
sufficiency of such petition shall not be subject to 
review by such legislative body. After the election 
held in pursuance of such petition, the sufficiency 
of such petition in any respect shall not be subject 
to judicial review or be otherwise questioned. In 
any city and county having a board of election 
commissioners and a registrar of voters, the clerk 
of the legislative body thereof shall immediately 
upon the filing of any petition with him, transmit 
the same to such board of election commissioners, 
who shall forthwith deliver such petition to said 
registrar of voters, w T ho shall perform all the duties 
herein required to be performed in other municipal 
corporations by the clerk of the legislative body 
thereof, respecting the examination and certification 
of such petition. Such registrar of voters shall, 
upon making his certificate, forthwith return said 
petition to said clerk, who shall thereupon present 
such petition and the certificate thereto attached 
to the legislative body of such municipal corpora¬ 
tion as hereinbefore in this section provided. 


PUBLIC UTILITIES IN CITIES 


305 


Sec. 5. Upon the adoption of such ordinance of 
intention, or the presentation as aforesaid of such 
petition, as provided in section four of this act, the 
legislative body of such municipal corporation shall, 
by ordinance, order the holding of a special election 
for the purpose of submitting to the qualified elect¬ 
ors of such municipal corporation the propositions 
set forth i,n such ordinance of intention or in such 
petition, as the case may be, or such legislative 
body shall, by ordinance, order the submission of 
such propositions at a general municipal election, 
as hereinafter provided. Such special election shall 
be held not less than twenty days nor more than 
sixty days after the adoption of the ordinance of 
intention provided for in section four of this act, 
or the presentation of such petition to said legisla¬ 
tive body; provided, that if a general municipal 
election shall occur in said municipal corporation 
not less than twenty days nor more than sixty days 
after the adoption of said ordinance of intention or 
the presentation of said petition to said legislative 
body, said propositions may be submitted at such 
general municipal election, in the same manner as 
other propositions are required by law to be sub¬ 
mitted at general municipal elections in such mu¬ 
nicipal corporation. Every special election held in 
any municipal corporation under the provisions of 
this act, shall be called by the legislative body 
thereof, by ordinance, which shall specify the propo¬ 
sitions to be submitted at such election and the 
date thereof, and, where provision is not otherwise 
made by law, shall establish the election precincts 
therefor and designate the polling places therein, 
and the names of the election officers for each such 
precinct. Such ordinance shall, prior to such elec¬ 
tion, be published five times in a daily newspaper 
printed and published in such municipal corpora¬ 
tion, or twice in a weekly newspaper printed and 
published therein, if there be no such daily news¬ 
paper; provided, that if no such daily or weekly 
newspaper be printed and published in such munici- 


306 


PUBLIC UTILITIES IN CITIES 


pal corporation, the clerk of said legislative body 
shall post a copy of said ordinance in three public 
places in such municipal corporation at least ten 
days prior to such election. 

Sec. 6. The ballots to be used at any general 
municipal election or at any special election, at 
which is submitted the question whether a munici¬ 
pal corporation shall retain its powers of control 
respecting public utilities shall have printed there¬ 
on, in addition to the other matters required by law, 
such of the following propositions as are specified 
in the ordinance of intention or the petition: 


“Proposition No. 1. Shall.(name of 

municipal corporation) retain its powers of control 
over railroad corporations?’ 7 

“Proposition No. 2. Shall.(name of 

municipal corporation) retain its powers of control 
over street railroad corporations? 77 

“Proposition No. 3. Shall.(name of 

municipal corporation) retain its powers of control 
over common carriers other than railroad and street 
railroad corporations? 7 7 

“Proposition No. 4. Shall.(name of 

municipal corporation) retain its powers of control 
over gas corporations?” 

“Proposition No. 5. Shall.(name of 

municipal corporation) retain its powers of control 
over electrical corporations?” 

“Proposition No. 6. Shall.(name of 

municipal corporation) retain its powers of control 
over telephone corporations?” 

“Proposition No. 7. Shall.(name of 

municipal corporation) retain its powers of control 
over telegraph corporations?” 

“Proposition No. 8. Shall.(name of 

municipal corporation) retain its powers of control 
over water corporations?” 










PUBLIC UTILITIES IN CITIES 


307 


“Proposition No. 9. Shall.(name of 

municipal corporation) retain its powers of control 
over wharfingers? 7 7 

“Proposition No. 10. Shall.(name of 

municipal corporation) retain its powers of control 
over warehousemen? 7 7 


Opposite each such proposition to be voted upon, 
and to the right thereof, the words “yes 77 and 
“no 77 shall be printed on separate lines, with vot¬ 
ing squares. Any voter desiring to vote in favor 
of the retention of the powers of control of such 
municipal corporation respecting any particular class 
of public utility, shall stamp a cross (X) in the 
voting square after the printed word “yes 77 oppo¬ 
site the proposition as to such class, and any voter 
desiring to vote against the retention of such pow¬ 
ers of such municipal corporation respecting any 
particular class of public utility, shall stamp a 
cross (X) in the voting square after the printed 
word “no 77 opposite such proposition. 

Sec. 7. If the propositions specified in section 
six of this act shall have been submitted at a spe¬ 
cial election in any municipal corporation, then the 
legislative body or other body or board charged 
with the duty of canvassing the returns and de¬ 
claring the result of elections in such municipal 
corporation, shall meet at their usual place of meet¬ 
ing on the first Monday after such election to can¬ 
vass the returns and declare the result thereof. 
Immediately upon the completion of such canvass, 
or upon the completion of the canvass of the re¬ 
turns of any general municipal election at which 
such propositions shall have been submitted, such 
legislative body or other body or board charged 
with said duty shall make an order declaring the 
result of the election upon such propositions and 
shall cause the same to be entered upon its minutes, 
which order shall show the total number of votes 
cast upon each such proposition, and the number 
of votes cast respectively in favor of and against 
each such proposition. If it shall appear from the 




308 


PUBLIC UTILITIES IN CITIES 


result of such election, as so declared, that a ma¬ 
jority of the qualified electors of such municipal 
corporation voting on any proposition submitted, 
as provided in section five of this act, shall have 
voted to retain the powers of control of such mu¬ 
nicipal corporation respecting any particular class 
of public utility, such municipal corporation shall 
be deemed to have elected to retain such powers 
of control respecting such class of public utility, 
and such powers shall be exercised by such munici¬ 
pal corporation until the same may be surrendered 
as hereinafter provided; and if it shall appear from 
the result of such election, as so declared, that a 
majority of such qualified electors so voting on any 
such proposition shall have voted not to retain 
such powers respecting any class of public util¬ 
ity, such municipal corporation shall be deemed to 
have elected not to retain such powers of control 
respecting such class of public utility, and such 
power of control shall thereafter vest in and be 
exercised by the railroad commission as provided 
by law. Immediately upon the entry of the order 
declaring the result of the election as to such propo¬ 
sition, the clerk of the legislative body or the reg¬ 
istrar of voters of any municipal corporation hav¬ 
ing a board of election commissioners and a regis¬ 
trar of voters, shall make copies, in duplicate, of 
such order, and shall attach to each such copy his 
certificate under the seal, if any, of such municipal 
corporation, or of such board of election commis¬ 
sioners, certifying that the same is a true and cor¬ 
rect copy of such order. Said clerk or registrar of 
voters, as the case may be, shall forthwith file one 
of said copies in the office of the railroad commis¬ 
sion of the State of California and the other in the 
office of the secretary of state. Immediately upon 
the filing of such certified copy of such order in 
the office of the railroad commission, the powers 
of control theretofore vested in such municipal cor¬ 
poration over any class or classes of public utilities 
which a majority of the qualified electors of such 


PUBLIC UTILITIES IN CITIES 


309 


municipal corporation voting thereon shall have 
voted not to retain, as shown by such order, shall 
thereupon vest in and be exercised by the railroad 
commission. 

Sec. 8. Any municipal corporation which shall 
have retained the powers of control vested therein 
respecting any class or classes of public utilities 
may thereafter surrender its powers of control as 
to such class or classes of public utilities at a gen¬ 
eral municipal election or at a special election 
therein called for that purpose. The ballots to be 
used at such election shall have printed thereon, 
in addition to the other matters required by law, 
separate propositions as to each class of public utili¬ 
ties as to which such municipal corporation may re¬ 
tain its powers of control and as to which it may 
be desired to vote. As to each of such classes of 
public utilities, and in addition to the other mat¬ 
ters required by law to be printed thereon, a propo¬ 
sition shall be printed on the ballot to be used at 
such election in substantially the following form: 

1 ‘Shall.(name of municipal corporation) 

surrender its powers of control over. 

(here insert class of public utility) to the railroad 
commission?’’ Opposite each such proposition to 
be voted upon, and to the right thereof, the words 
“Yes” and !‘No M shall be printed on separate 
lines, with voting squares. Any elector desiring 
to vote to surrender the powers of control of such 
municipal corporation over any class of public 
utility specified on the ballot, shall stamp a cross 
(X) in the voting square opposite the printed 
word “Yes,” after the proposition as to such class; 
and any elector desiring to vote not to surrender 
the powers of control of such municipal corporation 
over such class of public utility, shall stamp a cross 
(X) in the voting square opposite the printed word 
“No” after the proposition as to such class. The 
provisions of sections four, five and seven of this 
act, in so far as applicable, shall govern elections 
called, conducted and held under the provisions of 




310 


PUBLIC UTILITIES IN CITIES 


this section and to general municipal elections at 
which such propositions shall be submitted. If it 
shall appear from the result of such election de¬ 
clared as provided in section seven of this act, 
that a majority of the qualified electors of such 
municipal corporation voting on any proposition 
submitted as provided in this section, shall have 
voted to surrender the powers of control of such 
municipal corporation respecting any particular 
class of public utility, such municipal corporation 
shall be deemed to have surrendered its powers of 
control as to such class of public utility to the 
railroad commission, and such powers shall there¬ 
after vest in and be exercised by the railroad com¬ 
mission, as provided by law, upon the filing, in the 
office of the railroad commission, of a certified 
copy of the order declaring the result of such elec¬ 
tion; and if it shall appear from the result of such 
election, as declared, that a majority of such quali¬ 
fied electors voting on any such proposition shall 
have voted not to surrender such powers of control 
respecting any particular class of public utility, 
such powers of control shall continue in such mu¬ 
nicipal corporation; provided, however, that such 
powers of control may thereafter be surrendered by 
such municipal corporation at any subsequent elec¬ 
tion at which the question of such surrender may 
again be submitted under the provisions of this act. 

Sec. 9. The holding of a special election or elec¬ 
tions, or the submission of propositions at any gen¬ 
eral municipal election, under any of the provisions 
of this act, shall not be construed to preclude the 
holding of a subsequent special election or elections 
or the subsequent submission of propositions at a 
general municipal election or elections, on the ques¬ 
tion of the retention or surrender by a municipal 
corporation of its powers of control respecting any 
class or classes of public utilities, as in this act 
provided; provided, that not more than one such 


PUBLIC UTILITIES IN CITIES 


311 


special election shall be held within any period of 
twelve months. 

Sec. 10. Except as otherwise in this act pro¬ 
vided, the holding and conducting of elections un¬ 
der the provisions of this act, the form of the bal¬ 
lots used, the opening and closing of the polls, the 
canvass of the returns and the declaring of the re¬ 
sult shall conform, as nearly as may be, to such 
laws as shall now or hereafter be applicable to 
special municipal elections held in the municipal 
corporation affected. 

Sec. 11. Chapter forty of the laws of the ex¬ 
traordinary session of December, 1911, is hereby 
repealed. 


312 


DIRECT PRIMARY LAM 


DIRECT PRIMARY LAW 


An act to provide for and regulate primary elec¬ 
tions, and providing a method for choosing the 
delegates for political parties to state conven¬ 
tions and for nominating electors of president 
and vice president of the United States, and pro¬ 
viding for the election of party county central 
committees, and to repeal the act approved April 
7, 1911, known as the direct primary law, and 
also to repeal the act approved December 24, 
1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 
23, and 24 of the said direct primary law, and 
also to repeal all other acts or parts of acts in¬ 
consistent with or in conflict with the provisions 
of this act. [Approved June 16, 1913.] [Amend¬ 
ing sections 1, 2, 4, 5, 7, 19, 21, 22, 23, 24, 25, 
28, 30 and 33 thereof. Approved May 29, 1917.] 

The people of the State of California do enact as 
follows: 

Definition. 

Section 1. Words and phrases where used in this 
act shall, unless such construction be inconsistent 
with the context, be construed as follows: 

1. The words “ primary election,” any and every 
primary nominating election provided for by this 
act. 

2. The words “August primary election,” the 
primary election held in August to nominate candi¬ 
dates to be voted for at the ensuing November 
election or to elect members of a party central com¬ 
mittee or delegates to a party convention. 

3. The words “May presidential primary elec¬ 
tion” any such primary election, held in May of 
each year of the general November election at 
which electors of president and vice president of 
the United States are to be chosen, as shall provide 


DIRECT PRIMARY LAW 


313 


for the indication of preference in the several po¬ 
litical parties for party candidates for president of 
the United States through the election of delegates 
to national party conventions. 

4. The word ‘‘election,” a general state, county, 
city or city and county election as distinguished 
from a primary election, recall election, or special 
election. 

5. The words “November election,” either the 
presidential election, or the general state, county, 
or city and county election held in November of 
each even numbered year. 

6. The words “judicial officer,” any justice of 
the supreme court, justice of a district court of ap¬ 
peal, judge of the superior court, justice of the 
peace, or justice of such inferior court as the legis¬ 
lature may establish in any county, township, incor¬ 
porated city or town, or city and county; and the 
words “judicial office,” the office filled by any of 
the above judicial officers. 

7. The words “school officer,” the superintendent 
of public instruction and the superintendent of 
schools of a county or city and county; and the 
words “school office,” the office filled by any of the 
above school officers. 

8. The words “county officer,” any officer elected 
within the boundaries of any county or city and 
county, except a member of the state board of 
equalization, judge of the superior court, justice 
of the peace, member of the state senate or as¬ 
sembly or a member of the house of representatives 
of the congress of the United States or a member 
of any party county central committee or delegate 
to a state convention from a hold-over senatorial 
district; and the words “county office,” the office 
filled by any county officer. The words “township 
officer,” any such county officer as is elected within 
the boundaries of any judicial township that is now 
or may be hereafter provided by law; and the words 
“township office,” the office filled by any township 
officer. 


314 


DIRECT PRIMARY LAW 


9. The word or words “political party,” 
“party,” “political organization,” or “organiza¬ 
tion,” a political party or organization of electors 
which has qualified, as hereinafter provided, for par¬ 
ticipation in any primary election; and such party 
or organization shall be deemed to have so qualified 
when one or both of the following conditions have 
been complied with: 

a. If at the last preceding November election 
there was polled for any one of its candidates who 
was the candidate of such party only for any office 
voted on throughout the state, at least three per 
cent of the entire vote of the state, or for any one 
of its candidates who was the joint candidate of 
such party and any other party for any office voted 
on throughout the state, at least six per cent of the 
entire vote of the state; or 

b. If on or before a date which shall be the 
seventy-fifth day before any primary election, there 
shall be filed with the secretary of state a peti¬ 
tion signed by registered qualified electors of the 
state, equal in number to at least three per cent 
of the entire vote of the state at the last preced¬ 
ing November election, declaring that they repre¬ 
sent a political party or organization the name of 
which shall be stated therein, which party said 
electors desire to have participate in such primary 
election; such petition to be circulated, signed, and 
the signatures thereon of the registered electors 
certified to and transmitted to the secretary of 
state by the county clerks substantially as provided 
in section five of this act, for the circulation, 
signing, certification, and transmission of nomina¬ 
tion papers for state officers; providing, however, 
that no electors or organization of electors shall 
assume a party name or designation which shall be 
so similiar to the name of an existing party or 
organization as to mislead voters. 

This statute shall be liberally construed, so that 
the real will of the electors shall not be defeated by 


DIRECT PRIMARY LAW 


315 


any informality or failure to comply with all the 

provisions of this law. 

In each county and city and county in this state, 
having a registrar of voters or registrar of voters 
and a board of election commissioners, the powers 
conferred and the duties imposed in this statute 
upon a county clerk and his deputies, and other 
officers in relation to matters of election and polling 
places, shall be exercised and performed by such 
registrar of voters or his deputies, or registrar of 
voters or his deputies and board of election com¬ 
missioners; and all nominating papers, list of can¬ 
didates, expenses, and oaths of office, required by 
this statute to be made to or filed with county 
clerks, shall be made to or filed with the registrar 
of voters. [Amended May 29, 1917.] 

Nominations—How Made. 

Sec. 2. All candidates nominated at a primary 
election for elective public offices shall be nomi¬ 
nated by direct vote at such election held in ac¬ 
cordance with the provisions of this act; provided, 
that electors of president and vice-president of the 
United States shall be nominated as provided in 
subdivision 2 of section 24 of this act. This act 
shall not apply to recall elections, or to special 
elections to fill vacancies; nor to the nomi¬ 
nation of officers of municipalities, counties, or 
cities and counties whose charters provide a system 
for nominating candidates for such offices; nor the 
nomination of officers for any district not formed 
for municipal purposes; nor to the nomination of 
freeholders to be elected for the purpose of fram¬ 
ing a charter; nor to the nomination of officers for 
cities of the fifth and sixth classes; nor to the 
nomination of school district officers. [Amended. 
May 29, 1917.] 

Primary—When Held. 

Sec. 3. The August primary election shall be held 
at the legally designated polling places in each 
precinct on the last Tuesday in August, for the 
nomination of all candidates to be voted for at the 


316 


DIRECT PRIMARY LAW 


ensuing November election. The day of the Au¬ 
gust primary election and the day of the May presi¬ 
dential primary election are hereby declared to be 
holidays within the meaning of section 10 of the 
Political Code. Any person entitled to vote at 
such August or May primary elections shall, on the 
day of such election, be entitled to absent himself 
from any service or employment in which he is then 
engaged or employed, for the period of two con¬ 
secutive hours, between the time of opening and 
the time of closing the polls; and such voter shall 
not, because of so absenting himself, be liable to 
any penalty, nor shall any deduction be made, on 
account of such absence, from his usual salary or 
wages. Any primary election other than the Au¬ 
gust primary election, or May presidential primary 
election shall be held on Tuesday, three weeks next 
preceding the election for which such primary elec¬ 
tion is held. Secretary of State shall send out No¬ 
tices of Offices to be filled. 

Publication of Notice. 

Sec. 4. 1. On the twenty-fifth day before the 

first Tuesday in May, on the twenty-fifth day be¬ 
fore the last Tuesday in August, and on the twenty- 
fifth day before the date of the November election, 
in each even numbered year, the county clerk or 
registrar of voters of each county or city and county 
shall transmit a statement to the secretary of 
state of the total number of electors registered 
in his county between the first day of January 
next preceding and a date in each instance five 
days preceding the date of transmission of such 
statement as herein provided for, together with 
the number so registered under each of the several 
political affiliations, and also the number declining 
or failing to declare such affiliation. At least sev¬ 
enty days before the time of holding the August 
primary election in 1918 and biennially thereafter, 
the secretary of state shall prepare and transmit 
to each county clerk and to the registrar of voters 
in any city and county a notice in writing desig- 


DIRECT PEIMARY LAW 


317 


nating all the offices, except township offices, for 
which candidates arc to be nominated at such 
primary election, together with the names of the 
political parties qualified to participate in such 
election. 

2. Within ten days after receipt of such notice 
such county clerk or registrar of voters in any city 
and county shall publish once in each week for two 
successive weeks in not more than two newspapers 
published in such county or city and county so much 
thereof as may be applicable to his county, includ¬ 
ing a statement of the township offices in the 
county for which candidates are to be nominated and 
a statement of the number of members of the 
county central committee to be elected by each 
political party in each supervisorial or assembly 
district, as the case may be, according to the pro¬ 
visions of subdivision 4 of section 24 of this act. 

3. In the case of primary elections other than the 
August primary elections the city clerk or secretary 
of the legislative body of the political subdivision 
for which such primary election shall be held shall 
cause one publication of such notice to be given, 
such publication to be not more than forty and not 
less than fourteen days before such primary elec¬ 
tion. [Amended May 29, 1917.] 

Nomination Papers—Verification Deputies. 

Sec. 5. I. The name of no candidate shall be 
printed on an official ballot to be used at any pri¬ 
mary election unless at least forty days prior to the 
primary election, if the candidate is to be voted for 
at the August primary election or the May presiden¬ 
tial primary election, and at least twenty-five days 
prior to the primary election, if the candidate is 
to be voted for at a primary election other than the 
August or May primary election, a nomination 
paper nominating such candidate shall have been 
prepared, circulated, signed, verified and left with 
the county clerk for examination, or for examin¬ 
ation and filing in the manner provided by this 
act. 


318 


DIRECT PRIMARY LAW 


2. a. The candidate may appoint verification 
deputies to serve within the county or city and 
county in which such deputies reside in securing 
signatures to his nomination paper for nomination 
to the office for which he is a candidate, and the 
verification deputies thus appointed shall be recog¬ 
nized as the duly authorized verification deputies 
to secure signatures to the nomination paper of such 
candidate in such county or city and county. The 
document in which such verification deputies are 
appointed as herein provided shall be filed with the 
county clerk of the county or city and county in 
which such verification deputies reside, at or before 
the time the nomination paper of the candidate is 
left with the county clerk for filing or for examina¬ 
tion as provided in subdivision 4 of this section. 
Said document shall be in substantially the follow¬ 
ing form: 

I, the undersigned, a candidate for the .party 

nomination for the office of ...., which nomination 
is to be made by direct vote at a primary election 
to be held on the .... day of August, 19...., do 
hereby appoint the following registered qualified 
electors of the county of ...., as verification depu¬ 
ties to obtain signatures in said county to a nomi¬ 
nation paper placing me in nomination as a candi¬ 
date of said .... party for said office of. 

VERIFICATION DEPUTIES. 

Names. Residence. 


etc. etc. 

(Signature). 

(Residence). 

Filed in the office of the county clerk of .... 
county this .... day of ...., 19.... 

., County Clerk. 

By .. Deputy. 




















DIRECT PRIMARY LAW 


319 


In case it is desired to appoint additional verifica¬ 
tion deputies to secure signatures to the nomination 
paper of such candidate, one or more similar docu¬ 
ments may be filed to supplement the first docu¬ 
ment. When the office for which the candidate is 
proposed is a judicial, school, county, township or 

municipal office, the words ‘ 1 .party ’ \ 

and the words “of said.party,” shall be 

omitted from said document. Or, as an alternative 
to the foregoing portion of this section and subdi¬ 
vision, verification deputies may be appointed in be¬ 
half of a candidate as follows: 

2. . b. Any five qualified electors of any county 
or city and county who are registered as intend¬ 
ing to affiliate with the same political party 
may join in proposing a candidate for nomination 
to any office to be voted on in such county or city 
and eounty at the next ensuing primary election, and 
in appointing verification deputies to serve within 
such county or city and county in securing signa¬ 
tures to the nomination paper of such candidate for 
such office. If the office is an office the candi¬ 
date for which is to be voted on in more than one 
county, he may be proposed for nomination as 
herein provided by five of the registered qualified 
electors in each of the counties in which such elec¬ 
tors may desire to circulate a nomination paper in 
his behalf. The signatures of the said five qualified 
electors shall be verified free of charge before any 
officer authorized to administer an oath, and the 
document containing such signatures shall be filed 
with the county clerk of the county or city and 
county in which said five qualified electors reside, 
at or before the time the nomination paper of the 
candidate is left with the county clerk or registrar 
of voters for filing or for examination as provided 
in subdivision 4 of this section. In said document 
the five signers shall make affidavit that the candi¬ 
date therein named for the office therein specified 
has given his consent to be thus proposed for nomi¬ 
nation to such office, and shall also state that the 
verification deputies therein appointed are duly 




320 


DIRECT PEIMAEY LAW 


registered qualified electors of said county or city 
and county; and the verification deputies therein 
appointed shall be recognized as the duly author¬ 
ized verification deputies to secure signatures to the 
nomination paper of such candidate in such county 
or city and county. Said document shall be sub¬ 
stantially in the following form: 

State of California, ) 

County of . ) 


We, the undersigned, do solemnly swear (or af¬ 
firm) that we are each qualified electors of the 

county of ., State of California, and 

that we are each registered as intending to affiliate 
with the.party; and we do hereby pro¬ 
pose ., who resides (at 

No.street in the city 

of) or (in the town of ., county 

of., as a candidate for the nomi¬ 
nation of such party for the office of., 

to be voted for at the primary election to be held 

on the . day of August, 19....; 

and we do solemnly swear (or affirm) that said 

. has consented to this 

proposal of his name as candidate for the nomina¬ 
tion for said office. We hereby appoint the follow¬ 
ing registered qualified electors of this county as 
verification deputies to obtain signatures in this 

county to the nomination paper of said . 

to said office of . 

Verification Deputies. 

Names. Residence. 


etc. 


(Signed) 


etc. 


























DIRECT PRIMARY LAW 


321 


Names. 


Residence. 


Subscribed and sworn to before me this. 

day of.,19. 

(Seal) . 

Notary public (or other official). 

In case it is desired to appoint additional verifi¬ 
cation deputies to secure signatures to the nomina¬ 
tion paper of said candidate, one or more similar 
documents may be filed, to supplement the first 
document. When the office for which the candidate 
is proposed is a judicial, school, county, township 
or municipal office, the provisions of this sub¬ 
division shall apply, except that the five qualified 
electors shall make no statement of their party af¬ 
filiation and may be affiliated with different parties 
or no parties; and the candidate proposed for 
nomination shall not be so proposed as the candi¬ 
date of any party. 

3. Verification deputies appointed as provided in 
subdivision 2 of this section to obtain signatures 
to the nomination paper of any candidate for any 
office to be voted for at any primary election, may, 
at any time not more than sixty-five days nor less 
than forty days prior to such election, obtain signa¬ 
tures to such nomination paper of such candidate 
for such office; each signer of a nomination paper 
shall sign but one such paper for the same office, 
except that in case two or more persons are to be 
elected to the same office at the same election, an 
elector may sign the nomination papers of as many 
persons as there are persons to be elected to such 
office, and such act on the part of such elector 
shall not be deemed in conflict with the signer’s 
statement hereinafter provided. In the case of prim¬ 
ary elections other than August primary elections or 
May presidential primary elections, signatures may 
















322 


DIRECT PRIMARY LAW 


be obtained not more than forty nor less than 
twenty-five days prior to such election. He shall 
also declare his intention to support such candi¬ 
date for nomination, and shall add his place of 
residence, giving his street and number if any. 
His election precinct shall also appear on the 
paper just preceding his name, and he shall write 
the date of his signature at the end of the 
line just after his residence. Any nomination paper 
may be presented in sections, but each section shall 
contain the name of the candidate and the name of 
the office for which he is proposed for nomination. 
Each section shall bear the name of the city or 
town, if any, and also the name of the county or 
city and county, in which it is circulated, and only 
qualified electors of such county or city and county, 
registered as intending to affiliate with the political 
party by which the nomination is to be made shall 
be competent to sign such section. Any section 
circulated within any incorporated city or town 
shall be signed only by registered qualified electors 
of such city or town. Each section shall be pre¬ 
pared with the lines for signatures numbered, and 
shall have attached thereto the affidavit of the veri¬ 
fication deputy who has obtained signatures to the 
same, stating that all the signatures to the attached 
section were made in his presence, and that to the 
best of his knowledge and belief, each signature 
to the section is the genuine signature of the per¬ 
son whose name it purports to be; and no other 
affidavit thereto shall be required. The affidavit of 
any verification deputy obtaining signatures here¬ 
under shall be verified free of charge by any officer 
authorized to administer an oath. Such nomination 
paper so verified shall be prima facie evidence that 
the signatures thereto appended are genuine and 
that the persons signing the same are registered 
qualified electors, unless and until it is otherwise 
proven by comparison of such signatures with the 
affidavits of registration in the office of the county 
clerk or registrar of voters. Each section of the 
nomination paper, after being verified, shall be re- 


DIRECT PRIMARY LAW 


323 


turned by the verification deputy who circulated it 
to one of the five electors by whom the said verifica¬ 
tion deputy was appointed; and in this manner all 
the sections circulated in any county shall be col¬ 
lected by said five electors of that county and shall 
be by them arranged for filing or for examination-, 
as provided in subdivision 4 of this section, and 
shall then be by some one of them filed or left 
for examination and filing. In case said verifica¬ 
tion deputy was appointed directly by the candi¬ 
date according to the provisions of subdivision 2 
(a) of this section, the collecting, arranging and 
filing, or leaving for examination and filing of the 
sections of the nomination paper shall be done by 
the candidate, or on his behalf, instead of by the 
“five electors ’’ as hereinbefore provided. Each 
section of the nomination paper shall be in sub¬ 
stance as follows: 

County of .... city (or town) of .... (if any). 

Nomination paper of . .. ., candidate for .... 
party nomination for the office of. 


State of California, 

County of.... 


( 


ss. 


Signer’s Statement. 

I, undersigned, am a qualified elector of the city 
(or town) of ...., county of . State of Cali¬ 

fornia, and am registered as intending to affiliate 
with the .... party; and I hereby nominate .... 

who resides at No.street, city of . ..., county 

of ...., State of California, as a candidate for the 

nomination of the .party for the office of.to 

be voted for at the primary election to be held on 

the . day of August, 19. I have not signed 

the nomination paper of any other candidate for the 
same office, and I further declare that I intend to 
support for such nomination the candidate named 
herein. 

I furthermore declare that I have not signed the 
nomination paper of this candidate or any other 











324 


DIRECT PRIMARY LAW 


candidate for office, as candidate of any other 
party at such primary election. 


No. 

Precinct 

Signature 

Residence 

Date 

1. 





2_ 





3. 





4. 





5. 





Etc_ 











Verification Deputy’s Afiidavit. 

I, solemnly swear (or affirm) that I have 

been appointed according to the provisions of sub¬ 
division 2, section 5, of the direct primary law, as 
a verification deputy to secure signatures in the 
county of .... to the nomination paper of .... as 
candidate for the nomination of the .... party for 
the office of ....; that all the signatures on this 
section of said nomination paper, numbered from 1 
to .... inclusive, were made in my presence, and 
that, to the best of my knowledge and belief, each 
of said signatures is the genuine signature of the 
person whose name it purports to be. 

(Signed) . 

Verification Deputy. 

Subscribed and sworn to before me this .... day 
of _, 19. .. 

(Seal) . 

Notary Public (or other official). 

In the case of a nomination paper for any candi¬ 
date for a judicial, school, county, township or 
municipal office, the provisions of this subdivision 
shall apply, except that no such nomination paper 
nor any section thereof shall contain the name of 
any political party and any nomination paper for 
any candidate for a judicial office, school office, 
county office, township office, or municipal 


















DIRECT PRIMARY LAW 


325 


office may be signed by any registered qualified 
elector of the county or city and county, whether 
registered as being affiliated with any, or with 
no, political party. 

4. Prior to the filing of a nomination paper for 
any candidate, the sections thereof must be num¬ 
bered in order and fastened together by cities or 
towns or portions of the county not included in 
such cities or towns, substantially in the manner re¬ 
quired for the binding of affidavits of registration 
by the provisions of section 1113 of the Political 
Code; provided, that the sections of the nomination 
paper may be preceded by an index of precincts, ar¬ 
ranged by cities, towns or outside territory in the 
numerical or alphabetical order of such precincts 
for each such city, town or outside territory and 
showing after the name or number of such precinct 
the numbers of the sections on which the names 
of the electors registered in such precinct are to 
be found, and after the number of each section, 
the number (in parenthesis) of times such names 
are to be so found on such section. Such index 
shall be substantially in the following form: 


^TTY OF. 


No. of precinct 

Numbers 

of sections containing 
of precinct 

voters 

1. 

1 (3 times) 

2 (5 times) 

3 (7 times) 

etc. 

2. 

1 (4 times) 

2 (0 times) 

3 (6 times) 

etc. 

etc. 


etc. 




TOWN OF—.. 

etc. 

OUTSIDE TERRITORY 

etc. 


And provided, further, that for all nominations of 
candidates to be voted for in more than one county, 
or throughout the entire state, the nomination 













326 


DIRECT PRIMARY LAW 


papers, properly assembled, may be consolidated 
and fastened or bound together by counties; but in 
no case shall nomination papers signed by electors 
of different counties be fastened or bound to¬ 
gether. The county clerk or registrar of voters of 
any county or city and county shall examine all 
nomination papers herein provided for which pur¬ 
port to have been signed by electors of his county 
or city and county, and shall disregard and mark 
“not sufficient’’ any name appearing on such paper 
or papers which does not appear in the same hand¬ 
writing on an affidavit of registration in his office 
made on or before the date when such name was 
signed, or which except in the case of nomination 
papers of candidates, for judicial, school, county, 
towmship or municipal offices, the signers of which 
may be registered as of any or no party does not ap¬ 
pear on said affidavit as intending to affiliate with 
the party named in such nomination papers. Such 
officer shall, within five day's after any nomination 
papers are filed with him or left for examination, 
examine the same as herein provided and affix 
thereto a certificate reciting that he has examined 
the same and stating the number of names signed 
thereto which have not been marked “not suffi¬ 
cient” as hereinabove provided. All nomina¬ 
tion papers which by this act are required to be 
filed in the office of the secretary of state, 
shall be left with the county clerk or reg¬ 
istrar of voters for examination, as above provided, 
at least forty days prior to the August primary 
election or the May presidential primary election, 
and shall, with such certificate of examination at¬ 
tached, within five days after being so left, be for¬ 
warded by such county clerk or registrar of voters 
to the secretary of state, who shall receive and file 
the same. All nomination papers which by this 
act are required to be filed in the office of the 
city clerk or secretary of the legislative body of 
any city or municipality shall be left with the 
county clerk or registrar of voters for examina¬ 
tion, as above provided, at least twenty-five days 


DIRECT PRIMARY LAW 


327 


prior to the primary election at which such nomina¬ 
tions are to be made, and shall, with such certi¬ 
ficate of examination attached, within five days 
after being so left be forwarded by such county 
clerk or registrar of voters to the city clerk or 
secretary of the legislative body of such city or 
municipality who shall receive and file the same. 
The verification of signatures to nomination 
papers shall not be made by the candidate, nor 
by any county clerk, or registrar of voters, nor by 
any of the deputies in the office of such county 
clerk or registrar of voters, nor within one hundred 
feet of any election booth, polling place, or any 
place where registration of electors is being con¬ 
ducted. Each candidate on or before the thirty- 
fifth day prior to the August primary election or the 
May presidential primary election, or on or before 
the twenty-fifth day prior to any other primary 
election, shall file in the place where his nomin¬ 
ation paper is required to be filed, as provided in 
section 6 of this act, his affidavit, stating his 
residence, with street and number, if any; his 
election precinct; that he is a qualified elector in 
the election precinct in which he resides; the name 
of the office for which he is a candidate; that he 
will not before said primary election withdraw 
as a candidate for nomination and that if nomin¬ 
ated he will accept such nomination and not with¬ 
draw and that he will qualify as such officer if nom¬ 
inated and elected; and he shall also make the 
statement required in subdivision 5 of section 6 of 
this act. Nothing in this act contained shall be 
construed to limit the rights of any person to become 
the candidate of more than one political party for 
the same office upon complying with the require¬ 
ments of this act, but no person shall be entitled 
to become a candidate for more than one office 
at the same election. No more than one affidavit 
need be filed by any candidate, even though he is 
the candidate for nomination by more than one 
political party. In no case shall the secretary 
of state, county clerk, or city clerk, place the 


DIRECT PRIMARY LAW 


328 

name of any candidate on this ballot or certify 
any such name to be placed thereon unless the 
requisite affidavit has first been filed as herein 
provided. 

5. Except in the case of a candidate for nomina¬ 
tion to a judicial office, school office, county office, 
or township office, nomination papers shall be signed 
as follows: If the candidate is the candidate for an 
office to be voted on throughout the state, by not 
less than one half of one per centum and not more 
than two per centum of the vote constituting the 
basis of percentage as defined in subdivision 6 of 
this section of the party of the candidate seeking 
nomination, within the state; if the candidate is 
the candidate for an office to be voted on in 
some political subdivision of the state, but not 
throughout the state, by not less than one per 
centum nor more than two per centum of the vote 
constituting the basis of percentage, as defined 
in subdivision 6 of this section, of the party of the 
candidate seeking nomination within said politi¬ 
cal subdivision in which such candidate seeks nomin¬ 
ation. 

6. Except in case of a candidate for nomination 
to a judicial, school, county, township or munici¬ 
pal office, the basis of percentage in each politi¬ 
cal party shall be the vote polled for such party’s 
candidate for governor, at the last preceding Nov¬ 
ember election at which a governor was elected, 
in the state or in that political subdivision for 
which the candidate is proposed for nomination. 
Such party’s candidate for governor may have 
been the candidate, either of the party alone, or 
of the party in conjunction with one or more other 
parties. But if such political party did not have 
any candidate for governor at such last preceding 
November election at which a governor was elected, 
the nomination paper must be signed by not less 
than one-half of one per centum nor more than 
two per centum of the total vote polled for all 
the candidates for governor, at such last preceding 
November election in the state or political sub- 


DIRECT PRIMARY LAW 


329 


division for which the candidate is proposed for 
nomination. 

7. Whenever by rearrangement of political subdi¬ 
visions of the state by any legislature, board of 
supervisors or other legislative body, the boundaries 
of such political subdivisions are changed, the vote 
polled for governor at the last preceding guber¬ 
natorial election by each party in each of the new 
political subdivisions shall be determined as fol¬ 
lows; if the change occurs wholly within any county 
or city and county, the county clerk or registrar of 
voters of such county or city and county shall de¬ 
termine as nearly as possible such vote cf each 
party in the new political subdivisions by add¬ 
ing together for each party the vote for such 
party’s candidate for governor, in each of the 
former precincts which now are combined to make 
up such new political subdivision. If the change 
occurs outside the limits of any county or city 
and county, the secretary of state shall determine 
such vote of each party in such new political sub¬ 
division by adding together for each party the 
vote for such party’s candidate for governor in the 
counties which now are combined to make up such 
new political subdivision. In the same way that 
the highest vote for each party in each new politi¬ 
cal subdivision is ascertained, shall also be ascer¬ 
tained the total vote at such election, as is required 
to be determined by the provisions of subdivision 
8 of this section. Every political party qualified 
to participate in the primary election by the provi¬ 
sions of subdivision nine of section one of this 
act, for nomination by which party there shall have 
been filed nomination papers for one or more can¬ 
didates containing a sufficient number of signa¬ 
tures, shall be entitled to a separate party ticket 
at the primary election; but all such party tickets 
must be alike in the designation of candidates for 
judicial, school, county, and township offices. 

8. In the case of a candidate for nomination to 
a judicial, school, county, township or municipal 


330 


DIRECT PRIMARY LAW 


office, nomination papers shall be signed by not 
less than one-half of one per centum, nor more than 
two per centum of the total vote cast at the last 
general election in the state or political subdivi¬ 
sion thereof in which such candidate for judicial 
or school, county, or township office seeks nomina¬ 
tion. 

9. Nothing herein shall be construed as prohibit¬ 
ing the independent nomination of candidates as 
provided by section 1188 of the Political Code, as 
said section reads at the time of said nomination; 
except that a candidate for whom a nomination 
paper has been filed as one of the candidates for 
nomination to any office on the ballots of any 
political party at a primary election held under 
the provisions of this act, and who is defeated for 
such party nomination at such primary election, 
shall be ineligible for nomination as an independ¬ 
ent candidate' for the same office at the ensuing 
general election; and no person shall be permitted 
to file nomination papers for a party nomination 
and an independent nomination for the same office, 
or for more than one office at the same election. 
Nor shall any person whose name has been written 
in upon any ballot or ballots for any office at any 
primary election, have his name placed upon the 
ballot as a candidate for such office at the ensuing 
general election, except under the provisions of 
said section 1188 of the Political Code, unless at 
such primary election he shall have received for 
such office votes equal in number to the minimum 
number of signatures to the nomination paper which 
would have been required to be filed to have placed 
his name on the primary ballot as a candidate for 
nomination to such office. 

30. The officer with whom nomination papers are 
filed shall keep a record in which he shall enter the 
names of every person presenting the same for 
filing, the name of the candidate, the title of the 
office, the party, if any, and the time of filing. 
[Amended May 29, 1917.] 


DIRECT PRIMARY LAW 


331 


Nomination Papers—Filing Of. 

Sec. 6. All nomination papers provided for by 
this act shall be filed as follows: 

1. For state officers, United States senators, rep¬ 
resentatives in congress, members of the state senate 
and assembly, delegates to state conventions from 
tl hold-over senatorial districts’’ and all officers 
voted for in districts comprising more than one 
county, in the office of the secretary of state. 

2. For officers to be voted for wholly within one 
county or city and county, except representatives 
in congress, delegates to state conventions from 
“hold-over senatorial districts” and members of 
the state senate and assembly, in the office of the 
county clerk of such county or in the office of the 
registrar of voters in such city and county. 

3. For city officers, in the office of the city clerk 
or secretary of the legislative body of such city or 
municipality. 

4. When a nomination paper or sections thereof 
shall have been received which contain a number 
of signatures equal to two per centum of the vote 
constituting the basis of percentage as provided in 
subdivisions 5, 6 and 9 of section 5 of this act, the 
officer with whom such papers are required to be 
filed shall not receive or file further sections of the 
nomination paper for the candidate named therein. 

5. No more signatures shall be secured for any 
candidate than a number equal to three per centum 
of the vote constituting the basis of percentage as 
provided in subdivisions 5, 6, and 9 of section 5 of 
this act; provided, that if, through miscalculation or 
otherwise, more signatures are secured than the 
said three per centum, all sections of the nomina¬ 
tion paper containing signatures in excess of said 
three per centum must be sent to the candidate; 
and before any nomination paper is filed as pro¬ 
vided in this section, the candidate must notify 
each signer of such excess sections that his name 
has not been used; and in the affidavit required to 
be filed in subdivision 4 of section 5 of this act, 
affiant must state whether he has complied with the 


332 DIRECT PRIMARY LAW 

provisions contained in subdivision 5 of section 6 of 
this act. 

Fees for Filing. 

Sec. 7. 1. A filing fee of fifty dollars shall be 

paid to the secretary of state by each candidate for 
state office or for the United States Senate, except 
as otherwise provided in this section. 

2. A filing fee of twenty-five dollars shall be 
paid to the secretary of state by each candidate 
for representative in congress or for any office, ex¬ 
cept member of state senate and assembly, to be 
voted for in any district comprising more than one 
county. 

3. A filing fee of ten dollars shall be paid to the 
secretary of state by each candidate for the state 
senate or assembly. 

4. A filing fee of ten dollars shall be paid to the 
eounty clerk or registrar of voters in any city and 
county when the nomination paper or papers and 
affidavit of any candidate to be voted for wholly 
within one county or city and county are filed with 
such county clerk or registrar of voters. 

5. A filing fee of ten dollars shall be paid to the 
city clerk or secretary of the legislative body of 
any municipality when the nomination paper or 
papers and affidavit of any candidate for a city of¬ 
fice are filed with such clerk or secretary of such 
legislative body. 

6. No filing fee shall be required from any person 
to be voted for at the May presidential primary 
election, or from any candidate for an office to the 
holder of which no fixed compensation is required to 
be paid, or for township or municipal offices the 
compensation to the holder of which does not ex¬ 
ceed the sum of six hundred dollars per annum. 

7. In no case shall the secretary of state, county 
clerk, registrar of voters, or city clerk, receive any 
nomination papers for filing until the requisite fee 
for such filing, as prescribed in this section, has 
first been paid to him. 


DIRECT PRIMARY LAW 


333 


8. When a person for whom a nomination paper 
has not been filed is nominated for an office by hav¬ 
ing his name written on a primary election ballot, 
he must pay the same filing fee that would have 
been required if his, nomination papers had been 
filed; otherwise his name must not be printed on 
the ballot at the ensuing general election. 

9. When a candidate for nomination to office 
is proposed for nomination by more than one politi¬ 
cal party, he must pay a separate filing fee for each 
party in which he is proposed for nomination; or if, 
having filed a nomination paper for one party, he 
is nominated by another party by having his name 
written on a primary election ballot, he must pay the 
same filing fee for such other party nomination that 
would have been required if his nomination paper 
for such other party had been filed; otherwise his 
name shall not be printed on the general elec¬ 
tion ballot as the nominee of such other party. 
[Amended May 29, 1917.] 

Fees—Disposal Of. 

Sec. 8. The county clerk shall immediately pay 
to the county treasurer and the registrar of voters 
in any city and county shall immediately pay to 
the city and county treasurer all fees received from 
candidates. The city clerk or secretary of the legis¬ 
lative body of any municipality shall immediately 
pay to the city treasurer all fees received from 
candidates. Within ten days after the primary elec¬ 
tion the secretary of state shall pay to the state 
treasurer all fees received from candidates and 
shall apportion the fees paid to him by each candi¬ 
date equally among the counties within which such 
candidate is to be voted for, and certify such ap¬ 
portionment to the state controller, who shall issue 
warrants on the state treasurer for the amount due 
each county and the state treasurer shall pay the 
same. 

Expenses—How Paid. 

Sec. 9. The expense of providing all ballots, 
blanks and other supplies to be used at any pri- 


334 


DIRECT .PRIMARY LAW 


mary election provided for by this act and all ex¬ 
penses necessarily incurred in the preparation for 
or the conduct of such primary election shall be 
paid out of the treasury of the city, city and county, 
county or state, as the case may be, in the same 
manner, with like effect and by the same officers as 
in the case of general elections. 

Certified List of Candidates—Publication Of. 

Sec. 10. At least thirty days before any August 
primary election preceding a November election or 
before any May presidential primary election the 
secretary of state shall transmit to each county 
clerk or registrar of voters in any city and county a 
certified list containing the name and postoffice ad¬ 
dress of each person for whom nomination papers 
have been filed in the office of such secretary of 
state, including the candidate for delegate to a 
state convention, if any, from a “hold-over sena¬ 
torial district’’ and who is entitled to be voted for 
in such county at such primary election, together 
with a designation of the office for which such per¬ 
son is a candidate and except in the case of a judi¬ 
cial office, or a school office of the party or principle 
he represents. Such county clerk or registrar of 
voters shall forthwith, upon receipt thereof, publish 
under the proper party designation the title of each 
office (except a judicial office or a school office) 
which appears upon the certified list transmitted by 
the secretary of state as hereinbefore provided, to¬ 
gether with the names and addresses of all persons 
for whom nomination papers have been filed for 
each of said offices in the office of the secretary of 
state, and also the names of all candidates for the 
county central committee, filed in the office of the 
county clerk or registrar of voters. He shall also 
publish the title of each judicial office, school office, 
county office, and township office, together with the 
names and addresses of all persons for whom nomi¬ 
nation papers have been filed for each of said of¬ 
fices, either in the office of the secretary of state or 
in the office of the county clerk or registrar of 


DIRECT PRIMARY LAW 


335 


voters, and shall state that candidates for said judi¬ 
cial, school, county, and township offices may be 
voted for at the primary election, by any regis¬ 
tered, qualified elector of the county, whether regis¬ 
tered as intending to affiliate with any political 
party or not. He shall also publish the date of the 
primary election, the hours during which the polls 
will be open, and that the primary-election will be 
held at the legally designated polling places in each 
precinct, which shall be particularly designated. It 
shall be the duty of the county clerk or registrar 
of voters in any city and county to cause such 
publication to be made once each week for two 
successive weeks prior to said primary election. 

Publications—Where Made. 

Sec. 11. Every publication required by this aet 
shall be made in not more than two newspapers of 
general circulation published in such county or city 
and county, and one of such newspapers shall repre¬ 
sent the political party that cast at the last pre¬ 
ceding general election the highest number of votes 
in such county or city and county, and one of such 
newspapers, if any, shall represent the party which 
cast the next highest number of votes at such elec¬ 
tion. In any case where the publication of the 
notices provided for by this act cannot be made as 
hereinbefore provided it shall be made in any news¬ 
paper having a general circulation in the city or 
county in which the notice is required to be pub¬ 
lished. 

Ballots—Form of—Instructions to Voters. 

Sec. 12. 1. All voting at primary elections within 

the meaning of this act shall be by ballot. A sepa¬ 
rate official ballot, for each political party shall be 
printed and provided for use at each voting pre¬ 
cinct; but all such party ballots must be alike in 
the designation of candidates for judicial, school, 
county, and township offices. The ballots must have 
a different tint or color for each of the political 
parties participating in the primary election. There 


336 


DIRECT PRIMARY LAW 


shall also be printed and provided a non-partisan 
ballot of a different tint and color from all the 
others (or white, if all the others are colored), 
which shall contain only, but in like manner, all 
the candidates for judicial, school, county, and town¬ 
ship offices to be voted for at the primary election; 
and one of the non-partisan ballots shall, at the 
primary election, be furnished to each registered 
qualified elector who is not registered as intending 
to affiliate with any one of the political parties par¬ 
ticipating in said primary election; but to any 
elector registered as intending to affiliate with any 
political party participating in the primary there 
shall be furnished, not a non-partisan ballot, but a 
ballot of the political party with which said elector 
is registered as intending to affiliate. 

It shall be the duty of the "ounty clerk of each 
county or of the registrar of voters in any city and 
county to provide such printed official ballots to be 
used at any August primary election for *he nomi¬ 
nation of candidates to be voted for in such county 
or city and county at the ensuing November elec¬ 
tion and at any May presidential primary election. 
It shall be the duty of the city clerk or secretary 
of the legislative body of any municipality to pro¬ 
vide such printed official ballots for any primary 
election other than the August primary election or 
the May presidential primary election. Such official 
ballots to be used at any primary election shall be 
printed on official paper, furnished by the secretary 
of state, in the manner provided by section 1196 of 
the Political Code, and in the form hereinafter 
provided. The names of all candidates for the re¬ 
spective offices for whom the prescribed nomination 
papers have been duly filed shall be printed thereon. 

2. Official primary election ballots used at any 
primary election for the nomination of candidates 
to be voted for at any presidential or general state 
election, except as provided in subdivision 5 of this 
section, shall be as long as the herein prescribed 
captions, headings, party designations, directions 
to voters and lists of names of candidates, properly 


DIRECT PRIMARY LAW 


337 


subdivided according to the several offices to be 
nominated for, may require; and no official primary 
election ballot shall be less than six and one-half 
inches wide. 

3. Across the top of the ballot shall be printed 
in heavy faced gothic capital type, not smaller than 
forty-eight point, the words: “Official primary elec¬ 
tion ballotproviding, that on a non-partisan bal¬ 
lot said words may be printed in gothic capital type 
not smaller than twenty-four point. Beneath this 
heading shall be printed in heavy faced gothic cap¬ 
ital type, not smaller than twenty-four point, the 
party designation if it be a party ballot; or, in the 
case of a ballot containing the names of no candi¬ 
dates except candidates for a judicial, school, coun¬ 
ty, or township office, the words “Non-partisan 
ballot. 77 The instructions to voters shall be printed 
in ten point gothic type. In the case of official pri¬ 
mary election ballots to be used at any primary 
election held for the nomination of candidates other 
than those to be voted for at a presidential or a 
general state election, and on which, in accordance 
with the provisions of this act, the names of can¬ 
didates may be printed in a single column or in two 
parallel columns, as the case may be, the words 
* 1 Official primary election ballot 77 shall be printed 
thereon in heavy faced gothic capital type, not 
smaller than twenty-four point. The party or non¬ 
partisan designation shall be printed in heavy faced 
gothic capital type, not smaller than eighteen point. 
The instructions to voters shall be printed in ten 
point gothic type. 

4. At least three-eighths of an inch below the 
assembly district designation and the date of the 
primary election shall be printed in ten point gothic 
type, double leaded, the following instructions to 
voters: “To vote for a person whose name occurs 
on the ballot, stamp a cross (X) in the square at the 
right of the name of the person for whom you 
desire to vote. To vote for a person whose name 
is not printed on the ballot, write his name in the 
blank space provided for that purpose. 77 


338 


DIRECT PRIMARY LAW 


5. The instructions to voters shall be separated 
from the lists of candidates and the designations 
of the several offices to be nominated for by one 
light and one heavy line or rule. The names of the 
candidates and the respective offices shall, except 
as may be hereinafter otherwise provided, be 
printed on the ballot in four or more parallel col¬ 
umns, each two and one-half inches wide. The num¬ 
ber of such parallel columns shall be exactly divis¬ 
ible by two, and such parallel columns shall be 
equally divided on the ballot for party and non¬ 
partisan tickets by a solid black line, extending 
down from the printed lines separating the in¬ 
structions to voters from the lists of names of can¬ 
didates to the bottom margin of the ballot. In the 
case of a primary election for the nomination of 
candidates to be voted for at a presidential or gen¬ 
eral state election, the order of precedence shall be 
as follows, that is to say: In the column to the 
left, under the heading State shall be printed the 
groups of names of candidates for state offices, ex¬ 
cept judicial and school offices, and for members of 
the state board of equalization. In the second col¬ 
umn, under the heading congressional shall be 
printed the groups of names for United States sen¬ 
ator in congress, if any, and for representative in 
congress. Next, under the heading Legislative 
shall be printed the groups of names for state sen¬ 
ator, if any, for member of assembly, and for elec¬ 
tion as delegate to the state convention from a 
“hold-over senatorial district,if any. Finally 
under the heading County Committee, shall be 
printed the names of the candidates for election 
to membership in the county central committee of 
the party. In the case of primary elections where 
state officers are not to be nominated, at the left 
of the solid black dividing line there may be only 
one column. In the parallel columns to the right of 
the solid black dividing line shall be printed the 
groups of names of candidates for nomination to 
judicial, school, county, and township offices in the 
following order: Under the heading Judicial shall 


DIRECT PRIMARY LAW 


339 


be printed all the names of candidates for judicial 
offices, in the order of chief justice supreme court, 
associate justices supreme court, judge of district 
court of appeals, judge of superior court and 
justice of the peace. Next, under the heading 
School shall be printed all the names of candidates 
for school offices in the order of state superinten¬ 
dent of instruction, superintendent of schools, and 
school district officers, if any. Next, under the 
heading County and Township shall be printed 
the groups of candidates for all county and town¬ 
ship offices except judicial or school offices. In the 
case of primary elections where county officers are 
not to be nominated, at the right of the solid black 
dividing line there may be only one column. The 
non-partisan ballot provided for in subdivision one 
of this section shall be identical as to offices and 
names of candidates with that portion of the party 
ballot which is printed to the right of the solid 
black dividing line hereinabove described. The 
tally sheets furnished to election officers shall have 
the names of offices and candidates arranged in the 
order in which said names of offices and candidates 
are printed on the ballots according to the pro¬ 
visions of this section and subdivision. In the case 
of primary elections for the nomination of candi¬ 
dates for city, city and county or municipal offices 
only, the groups of names of candidates may be 
printed in two parallel columns and the order of 
precedence shall be determined by the legislative 
body of such city or municipality or by the board 
of election commissioners of any such city and 
county. 

6. The group of names of candidates for nomi¬ 
nation to any judicial office, school office, county 
office, or township office shall include all the names 
receiving the requisite number of signatures on a 
nomination paper for such office, and shall be iden¬ 
tical for each such office on the primary election 
ballots of each political party participating at the 
primary election; but the groups of names of candi¬ 
dates for all other offices on the ballots of each 


340 


DIRECT PRIMARY LAW 


political party shall comprise only the names of the 
candidates for nomination by such party. 

7. The order in which the list of candidates for 
any office shall appear upon the primary election 
ballot shall be determined as follows: 

(a) If the office is an office the candidates for 
which are to be voted on throughout the entire 
state, including United States senator in congress, 
the secretary of state shall arrange the names of 
all candidates for such office in alphabetical order 
for the first assembly district; and thereafter for 
each succeeding assembly district, the name ap¬ 
pearing first for each office in the last preceding 
district shall be placed last, the order of the other 
names remaining unchanged. If the office is that of 
representative in congress, or is an office the can¬ 
didates for nomination to which are to be voted on 
in more than one county or city and county, but 
not throughout the entire state, except the office of 
state senator or assemblyman, the secretary of state 
shall arrange the names of all candidates for such 
office in alphabetical order for that assembly dis¬ 
trict which is lowest in numerical order of any as¬ 
sembly district in which such candidates are to 
be voted on; and thereafter for such succeeding 
assembly district in which such candidates are to 
be voted on, the name appearing first for such office 
in the last preceding district shall be placed last, 
the order of the other names remaining unchanged. 
In transmitting to each county clerk or registrar of 
voters the certified list of names as required in 
section 10 of this act, the secretary of state shall 
certify and transmit the list of candidates for nomi¬ 
nation to each office according to assembly districts, 
in the order of arrangement as determined by the 
above provisions; and in the case of each county or 
city and county containing more than one assembly 
district, he shall transmit separate lists for each 
assembly district. Except for the office of state 
senator or assemblyman, the order in which the 
names filed with the secretary of state shall appear 
upon the ballot, shall be for each assembly district 


To vote for a person whose name appears on the ballot, stamp a cross(x)in 
the square at the RIGHT of the name of the person for whom you desire to 
vote. To vote for a person whose name is not printed on the ballot, write his 
name in the blank space provided for that purpose. 



i 






















































































































































































1 



COUNTY AND TOWNSHIP 





















































































































































































































































































DIRECT PRIMARY LAW 


341 


the order as determined by the secretary of state in 
accordance with the above provisions, and as certi¬ 
fied and transmitted by him to each county clerk 
or registrar of voters. 

(to) fhe office is an office to be voted on 
throughout, but wholly within, one county or city 
and county, except the office of representative in 
congress or state senator or assemblyman, the 
county clerk of such county or the registrar of 
voters of such city and county, shall arrange the 
names of all candidates for such office in alphabet¬ 
ical order for the first supervisorial district; and 
thereafter for each supervisorial district, the name 
appearing first for each such office in the last pre¬ 
ceding supervisorial district shall be placed last, 
the order of the other names remaining unchanged; 
provided, there are no more than five assembly dis¬ 
tricts in such county, or city and county. If there 
are more than five assembly districts in such county, 
or city and county, the county clerk or registrar of 
voters shall so arrange on the ballot the order of 
names of all candidates for such office that they 
shall appear in alphabetical order for that assem¬ 
bly district in such county, or city and county, 
which is lowest in numerical order, and thereafter 
for each succeeding assembly district in such 
county, or city and county, the name appearing first 
for each office in the last preceding assembly dis¬ 
trict shall be placed last, the order of the other 
names remaining unchanged. 

(c) If the office is that of state senator or as¬ 
semblyman, or delegate to the state convention 
from a “ hold-over senatorial district,” or member 
of a county central committee, or any office except 
the office of representative in congress to be voted 
on wholly within any county or city and county but 
not throughout such county or city and county, the 
names of all candidates for such office shall be 
placed upon the ballot in alphabetical order. 

(d) If the office is a municipal office in any city 
or town whose charter does not provide for the 
order in which names shall appear on the ballot. 


342 


DIRECT PRIMARY LAW 


the names of candidates for such office shall be 
placed upon the ballot in alphabetical order. 

8. In publishing the names and addresses of all 
candidates for whom nomination papers have been 
filed, as required in section 10 of this act, the 
county clerk or registrar of voters shall publish the 
names in the order in which they will appear upon 
the ballot; provided, that in counties or cities and 
counties containing more than one assembly district 
the order of names of candidates shall be that of the 
assembly district in such county or city and county 
which is lowest in numerical order. 

9. Each group of candidates to be voted on shall 
be preceded by the designation of the office for 
which the candidates seek nomination, and the 
words “Vote for one” or “Vote for two” or more 
according to the number to be elected to such office 
at the ensuing election. Such designation of the 
office to be nominated for and of the number of 
candidates to be nominated shall be printed in 
heavy faced gothic type, not smaller than ten point. 
The word or words designating the office shall be 
printed flush with the left-hand margin and the 
words “Vote for one” or “Vote for two” or more, 
as the case may be, shall extend to the extreme 
right of the column and over the voting square. 
The designation of the office and the direction for 
voting shall be separated from the names of the 
candidates by a light line. 

10. The names of the candidates shall be printed 
on the ballot without indentation, in Roman capital 
type not smaller than eight point, between light 
lines or rules three-eighths of an inch apart. Under 
each group of names of candidates shall be printed 
as many blank spaces, defined by light lines or 
rules, three-eighths of an inch apart, as there are to 
be candidates nominated for such office. To the 
right of the names of the candidates shall be 
printed a light line or rule so as to form a voting 
square three-eighths of an inch square. Each group 
of names of candidates shall be separated from the 
succeeding group by one light and one heavy line or 


DIRECT PRIMARY LAW 


343 


rule. Each series of groups shall be headed by the 
word “State,” “Congressional,” “Legislative,” 
“County and Township’’ or “Municipal” or other 
proper general classification, as the case may be, 
printed in heavy faced gothic capital type, not smaller 
than twelve point. All official primary election 
ballots shall have printed on the back and imme¬ 
diately below the center thereof, in eighteen point 
gothic capital type, the words “Official Primary 
Election Ballot,” and underneath these words the 
respective numbers of the congressional, senatorial 
and assembly districts in which each ballot is to be 
voted. In the case of a primary election for the 
nomination of candidates for city or city and county 
offices only, the designations on the back of the bal¬ 
lot, in addition to the words “Official primary elec¬ 
tion ballot,” shall be the official designation of the 
respective ward and voting precinct in any such 
city or municipality, or the number of the assembly 
district and of the voting precinct in any such city 
and county in which each ballot is to be voted. 
The ballot shall be printed on the same leaf with a 
stub and separated therefrom by a perforated line 
across the top of the ballot. On each ballot a per¬ 
forated line shall extend from top to bottom one- 
half inch from the right hand side of such ballot, 
and upon the half-inch strip thus formed there shall 
be no printing except the number of the ballot 
which shall be on the back of each strip, in such 
position that it shall appear on the outside when the 
ballot is folded. The number on each ballot shall 
be the same as that on the corresponding stub, and 
the ballots and stubs shall be numbered consecu¬ 
tively in each county; provided, that the sequence 
of numbers on such official ballots and stubs for 
each party shall begin with the number one. The 
official ballots of each political party shall be made 
up in stub books, each book to contain ten, or 
some multiple of ten, ballots, in the manner pro¬ 
vided by law for official election ballots, and ex¬ 
cept as to the order of the names of candidates 


344 . DIRECT PRIMARY LAW 

shall be printed in substantially the following 
form: 

Sample Ballots—Distribution Of, Official. 

Sec. 13. At least twenty days before the August 
primary election or before the May presidential pri¬ 
mary election each county clerk or registrar of 
voters in any city and county shall prepare separate 
sample ballots for each political party, and a sep¬ 
arate sample non-partisan ballot, placing thereon in 
each case in the order provided in subdivision 7 of 
section 12 of this act, and under the appropriate 
title of each office, the names of all candidates for 
whom nomination papers have been duly filed with 
him, or have been certified to him by the secretary 
of state, to be voted for at the primary election 
in his county or city and county. Such sample 
ballots shall be printed on paper of a different tex¬ 
ture from the paper to be used on the official bal¬ 
lot, and one sample ballot of the party to which the 
voter belongs as evidenced by his registration shall 
be mailed to each such voter entitled to vote at 
such August primary election or May presidential 
primary election, as the case may be, not more 
than ten nor less than five days before the election. 
Not more than ten nor less than five days before 
the August primary election a non-partisan sample 
ballot printed on paper of a different texture from 
the paper to be used on the official ballot shall be 
mailed to each registered qualified elector who is 
not registered as intending to affiliate with any of 
the parties participating in said primary election. 
Such clerk or registrar of voters shall forthwith 
submit the ticket of each political party to the 
chairman of the county committee of such party 
and shall mail a copy to each candidate for whom 
nomination papers have been filed with him or 
whose name has been certified to him by the secre¬ 
tary of state, to the postoffice address as given in 
such nomination paper or certification, and he shall 
post a copy of each sample ballot in a conspicuous 
place in his office. Before such primary election the 


DIRECT PRIMARY LAW 


345 


county clerk or registrar of voters in any city and 
county shall cause the official ballot to be printed 
as provided by section 12 of this act, and distrib¬ 
uted in the same manner and in the same quanti¬ 
ties as provided in sections 1198, 1199 and 1201 of 
the Political Code for the distribution of ballots 
for elections; provided, that the number of party 
ballots to be furnished to any precinct shall be 
computed from the number of voters registered in 
such precinct as intending to affiliate with such 
party, and the number of non-partisan ballots to be 
furnished to any precinct shall be computed from 
the number of voters registered in such precinct 
without statement of intention to affiliate with any 
of the parties participating in the primary election. 
In the case of primary elections for the nomination 
of candidates for city offices it shall be the duty of 
the city clerk, secretary of the legislative body of 
such city or municipality, or such other officer 
charged by law with the duty of preparing and dis¬ 
tributing the official ballots used at elections in 
such city or municipality, to prepare and mail the 
sample ballot and to prepare and distribute the offi¬ 
cial primary election ballots, and so far as ap¬ 
plicable and not otherwise provided herein the pro¬ 
visions of this act shall apply to the nomination of 
all candidates for city offices. 

Opening and Closing of Polls. 

Sec. 14. The polls must be open at six o'clock 
of the morning of the day of primary election and 
must be kept open until seven o'clock in the after¬ 
noon of the same day, when the polls shall be 
closed; provided, however, that if at the hour of 
closing there are any voters in the polling place, 
or in line at the door, who are qualified to vote and 
have not been able to do so since appearing, the 
polls shall be kept open a sufficient time to enable 
them to vote. But no one who shall arrive at the 
polling place after seven o’clock in the afternoon 
shall be entitled to vote, although the polls may 
be open when he arrives. No adjournment or inter 


346 


DIRECT PRIMARY LAW 


mission shall be taken except as provided in the 
case of general elections. 

Election Officers—Duties and Compensation. 

Sec. 15. The officers for primary elections shall 
be the same, and shall be appointed in the same 
manner, as provided by law for general elections, 
and such officers shall receive the same compensa¬ 
tion for their services at primary elections as pro¬ 
vided by law for general elections. 

It shall be the duty of the proper officers to fur¬ 
nish the original affidavits of registration and in¬ 
dexes for use at primary elections, which shall show 
the names of all voters entitled to vote at such pri¬ 
mary elections, and shall be numbered, for purposes 
of the primary election, in like manner as provided 
in section 1113 of the Political Code. And all the 
provisions of section 1096 of the Political Code, 
so far as they are consistent with the provisions 
of this act, are hereby made applicable to primary 
elections within the meaning of this act. 

Challenge. 

Sec. 16. Any elector offering to vote at a pri¬ 
mary election may be challenged by any elector of 
the city, city and county or county, upon either 
or all of the grounds specified in section 1230 of the 
Political Code, but his right to vote the primary 
election ticket of the political party designated in 
his affidavit of registration, as provided in section 
1096 of the Political Code, or his right to vote the 
non-partisan primary ticket providing no such party 
is so designated, shall not be challenged on any 
ground or subjected to any tests other than those 
provided by the Constitution and section 1230 of 
the Political Code of this state. 

Who May Vote—Elector To Be Instructed. 

Sec. 17. Any elector qualified to take part in any 
primary election, who has, at least thirty days before 
the day of such primary election, qualified by regis¬ 
tration, as provided by section 1096 of the Political 


DIRECT PRIMARY LAW 


347 


Code, shall be entitled to vote at such primary elec¬ 
tion, such right to vote being subject to challenge 
only as hereinbefore provided; and shall, on writing 
his name or having it written for him on the roster, 
as provided by law for general elections in this 
state, receive the official primary election ballot of 
the political party designated in his affidavit of reg¬ 
istration; (or the non-partisan ballot, providing no 
such party was so designated), and no other; pro¬ 
vided, however, that no one shall be entitled to vote 
at any primary election who has not been a resident 
of the state one year, and of the county ninety 
days, preceding the day upon which such primary 
election is held. He shall be instructed by a mem¬ 
ber of the board as to the proper method of -mark¬ 
ing and folding his ballot, and he shall then retire 
to an unoccupied booth and without undue delay 
stamp the same with the rubber stamp there found. 
If he shall spoil or deface the ballot he shall at once 
return the same to the ballot clerk and receive an¬ 
other. 

Ballots—How Marked. 

Sec. 18. The voter shall designate his choice on 
the ballot by stamping a cross (X) in the small 
square opposite the name of each candidate for 
whom he wishes to vote. If he shall stamp more 
names than there are candidates to be nominated 
for any office, or if for any reason it be impossible 
to determine his choice for any office, his ballot 
shall not be counted for such office, but the rest 
of his ballot, if properly stamped, shall be counted. 
No ballot shall be rejected for any technical error 
which does not render it impossible to determine 
the voter’s choice, nor even though such ballot be> 
somewhat soiled or defaced. 

Ballots—How Folded. 

Sec. 19. When a voter has stamped his ballot he 
shall fold it so that its face shall be concealed and 
only the printed designation on the back thereof 
shall be visible, and hand the same to the member 


348 


DIRECT PRIMARY LAW 


of the board in charge of the ballot box. Such 
folded ballot shall be voted as ballots are voted 
at general elections and the name of the voter 
checked upon the affidavit of registration as hav¬ 
ing voted as is required at such general elections. 
[Amended May 29, 1917.] 

No Adjournment or Intermission. 

Sec. 20. No adjournment or intermission what¬ 
ever shall take place until the polls shall be closed 
and until all the votes cast at such polls shall be 
counted and the result publicly announced, but this 
shall not be deemed to prevent any temporary re¬ 
cess while taking meals or for the purpose of other 
necessary delay; provided, that no more than one 
member of the board shall at any time be absent 
from the polling place. 

Canvass of Votes. 

Sec. 21. As soon as the polls are finally closed the 
judges must immediately proceed to canvass the 
votes cast at such primary election. The canvass 
must be public, in the presence of bystanders, and 
must be continued without adjournment until com¬ 
pleted and the result thereof declared. Except as 
hereinafter provided, the canvass shall be con¬ 
ducted, completed and returned as provided by sec¬ 
tions 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 
1261, 1262, 1263, 1264, 1264a, 1265, 1266, 1267 and 
1268 of the Political Code of this state; provided, 
however, that the ballots of each party must be sealed 
and returned in separate envelopes, and the non-parti¬ 
san ballots must be sealed and returned in another 
separate envelope. The number of ballots agreeing 
or being made to agree with the number of names 
on the lists, as provided by section 1255 of the Po¬ 
litical Code, the board must take the ballots from 
the box, count those cast by each party, and string 
them separately; count all the votes cast for each 
party candidate for the several offices and record 
the same on the tally lists; and count all the votes 
on all the ballots, both party and non-partisan, for 
the candidates for judicial, school, county, and 


DIRECT PRIMARY LAW 


349 


township, and municipal offices, and record the 
same on the tally lists. [Amended May 29, 1917.] 

Official Canvass of Returns—Statement of Result. 

Sec. 22. The board of supervisors of each county, 
the board of election commissioners in any city 
and county, or, in 'the case of a city or municipal 
primary election, the officers charged by law with 
the duty of canvassing the vote at any city or 
municipal election in such political subdivision, 
shall meet at the usual place of such meeting, or at 
any other place permitted by law, at one o’clock 
in the afternoon of the first Thursday after each 
primary election to canvass the returns, or as soon 
thereafter as all the returns are in. When begun the 
canvass shall be continued until completed, which 
shall not be later than six o’clock in the afternoon 
of the sixteenth day following such primary elec¬ 
tion. The clerk of the board must, as soon as the 
result is declared, enter upon the records of such 
board a statement of such result, which statement 
shall contain the whole number of votes cast for 
each candidate of each political party, for each can¬ 
didate for each judicial, school, county, township, or 
municipal office, for each candidate for delegate, 
if any, to a state convention from a hold-over 
senatorial district, and for each candidate for mem¬ 
bership in the county central committee; provided, 
however, that in entering the statement of such re¬ 
sult, the provisions of subdivision six of section 
1282 of the Political Code shall apply, and a dupli¬ 
cate as to each political party shall be delivered to 
the county, city and county or city chairman of such 
political party, as the case may be. The clerk shall 
also make an additional duplicate statement in the 
same form, showing the votes cast for each candi¬ 
date not voted for wholly within the limits of such 
county or city and county. The county clerk or 
registrar of voters in any city and county shall 
forthwith send to the secretary of state by register¬ 
ed mail or by express one complete copy of all re¬ 
turns as to such candidates, and as to all candidates 


350 


DIRECT PRIMARY LAW 


voted for wholly within one county for the fol¬ 
lowing offices: State assembly, state senate, rep¬ 
resentatives in congress, members of the state 
board of equalization, judicial officers, except jus¬ 
tices of the peace and delegate, if any, to a state 
convention from a hold-over senatorial district, and 
as to all persons voted for at the May presidential 
primary elections. The secretary of state shall, 
not later than the twenty-fifth day after any 
primary election, compile the returns for all can¬ 
didates voted for in more than one county, and 
for all candidates for the assembly, state senate, 
representatives in congress, member of the state 
board of equalization and judicial offices, except 
justices of the peace, delegate, if any, to a state 
convention from a hold-over senatorial district, 
and for all persons voted for at the May presiden¬ 
tial primary election, and shall make out and file 
in his office a statement thereof. He shall compile 
the returns for the May presidential primary elec¬ 
tion not later than the twenty-first day after such 
election, and shall compile said returns in such a 
manner as to show, for each candidate, both the 
total of the votes received and the votes received 
in each congressional district of the state. [Amend¬ 
ed May 29, 1917.] 

Certificates of Nomination—Majority Candidates. 

Sec. 23. Except in the case of a candidate for 
nomination to a judicial, school, county, township 
or municipal office, the person receiving the 
highest number of votes, at a primary election as 
the candidate for the nomination of a political 
party for an office shall be the candidate of that 
party for such office, and his name as such candi¬ 
date shall be placed on the official ballot voted at 
the ensuing election; provided, he has paid the 
filing fee as required by section 7 of this act; and 
provided, further, that no candidate for a nomina¬ 
tion for other than judicial, school, county, township 


DIRECT PRIMARY LAW 


351 


or municipal office who fails to receive the high¬ 
est number of votes for the nomination of the 
political party with which he was affiliated thirty- 
five days before the date of the primary election, 
as ascertained by the secretary of state from the 
affidavit of registration of such candidate in the 
office of the county clerk of the county in which 
such candidate resides, shall be entitled to be the 
candidate of any other political party. In the case 
of a judicial, school, county, township, or munici¬ 
pal office, the candidates equal in number to twice 
the number to be elected to such office, or less, 
if the total number of candidates is less than twice 
the number of offices to be filled, who receive the 
highest number of the votes cast on all the ballots 
of all the voters participating in the primary elec* 
tion for nomination to such office, shall be the 
candidates for such office at the ensuing election, 
and their names as such candidates shall be placed 
on the official ballot voted at the ensuing election; 
provided, however, that in case there is but one 
person to be elected at the November election to 
any judicial, school, county, or township office, any 
candidate who receives at the August primary elec¬ 
tion a majority of the total number of votes cast 
for all the candidates for such office shall be the 
only candidate for such office whose name shall be 
printed on the ballot at the ensuing election; and 
provided, further, that in case there are two or 
more persons to be elected at the November election 
to any judicial, school, county, or township office, 
and in case any candidate for such office receive 
at the August primary election the votes of a 
majority of all the voters participating in the 
primary election in the state or political subdivi¬ 
sion in which said office is voted upon, such candi¬ 
dates being herein designated as “majority can¬ 
didates,” said “majority candidates” shall, if 
their number is not less than the number of per¬ 
sons to be elected to such office, be the only can¬ 
didates for such office whose names shall be print¬ 
ed on the ballot at the ensuing November election; 


352 


DIRECT PRIMARY LAW 


and if the number of such “majority candidates ’’ 
falls short of the number of persons to be elected to 
such office, the names of said “majority can¬ 
didates” shall be printed on the ballot at the 
ensuing November election, together with such num¬ 
ber of additional names only of such other can¬ 
didates receiving the next highest number of votes 
for nomination to such office as may make the 
number of such additional names equal to twice 
the difference between the number of such “major¬ 
ity candidates” and the number to be elected, or a 
smaller number, if the list of said other candidates is 
exhausted. Of the candidates for election to mem¬ 
bership in the county central committee, the can¬ 
didates equal in number to the number to be elected 
receiving the highest number of votes in their 
supervisorial district or assembly district, as the 
case may be in accordance with the provisions of 
subdivision 4 of section 24 of this act, shall be 
declared elected as the representatives of their 
district to membership in such committee. It shall 
be the duty of the officers charged with the can¬ 
vass of the returns of any primary election in any 
county, city and county or municipality to cause 
to be issued official certificates of nomination to 
such part}' candidates (other than congressional and 
legislative candidates, candidates for the state board 
of equalization, and delegates to the state conven¬ 
tion from a hold-over senatorial district) as have 
received the highest number of votes as the candi¬ 
dates for the nomination of such party for any of¬ 
fices to be voted for wholly within such county, city 
and county, or municipality, and cause to be issued 
to each member of a county central committee a cer¬ 
tificate of his election; and to cause to be issued 
official certificates of nomination to such candidates 
for judicial, school, county, or township or muni¬ 
cipal offices voted for wholly within one county 
as may be entitled to nomination under the provi¬ 
sions of this section. It shall be the duty of the 
secretary of state to issue official certificates of 
nomination to candidates nominated under the 


DIRECT PRIMARY LAW 


353 


provisions of this act for representatives in con¬ 
gress, members of the state senate and assembly, 
members of the state board of equalization, and 
officers voted for in more than one county; and 
to issue a certificate of election to each delegate 
elected to the state convention from a hold-over 
senatorial district; and to issue certificates of 
election to all persons elected at the May presi¬ 
dential primary election as delegates to their re¬ 
spective national party conventions. Not less than 30 
days before the November election the secretary of 
state shall certify to the county clerks or registrars 
of voters of each county and city and county within 
the state, the name of every person entitled to re¬ 
ceive votes within such county or city and county 
at said November election who has received the 
nomination as a candidate for public office under 
and pursuant to the provisions of this act, and 
whose nomination is evidenced by the compilation 
and statement required to be made by said secretary 
of state and filed in his office, as provided in section 
22 of this act. Such certificates shall in addition 
to the names of such nominees respectively, also 
show separately and respectively for each nominee 
the name of the political party or organization 
which has nominated such person if any and the 
designation of the public office for which he is so 
nominated. [Amended May 29, 1917.] 

Party Conventions—How May Be Called and Held. 

Sec. 24. 1. Party conventions of delegates chosen 

as hereinafter provided may be held in this state, 
for the purpose of promulgating platforms and 
transacting such other business of the party as is 
not inconsistent with the provisions of this act. 

2. The candidates of each political party for con¬ 
gressional offices and for state offices, if any, except 
judicial and school offices, and such candidates 
for senate and assembly as have been nominated 
by such political party at the primary election, 
and in whose behalf nomination papers have been 
filed, together with the hold-over senators affili¬ 
ated with and nominated by such political party 


354 


DIRECT PRIMARY LAW 


at the election at which said hold-over senators 
were elected and one delegate chosen by such 
political party from each senatorial district not 
represented by a hold-over senator affiliated with 
and nominated by such political party at the 
election at which the hold-over senator was elected, 
shall meet in a state convention at the state capitol at 
two o’clock in the afternoon of the third Tuesday 
in September after the date on which any primary 
election is held preliminary to the general November 
election. They shall forthwith formulate the state 
platforms of their party, which said state platform 
of each political party shall be framed at such time 
that it shall be made public not later than six 
o’clock in the afternoon of the following day. 
They shall also proceed to elect a state central 
committee to consist of at least three (3) members 
from each congressional district, who shall hold of¬ 
fice until a new state central committee shall have 
been selected. In each year of the general Novem¬ 
ber election at which electors of president and vice 
president of the United States are to be chosen, 
they shall also nominate as the candidates of their 
party as many electors of president and vice presi¬ 
dent of the United States as the state is then enti¬ 
tled to, and it shall be the duty of the secretary 
of state to issue certificates of nomination to the 
electors so nominated, and to cause the names of 
such candidates for elector to be placed upon the 
ballots at the ensuing November election. 

Membership in the state convention shall not be 
granted to a party nominee for a congressional 
office, state office or office of senator or assem¬ 
blyman who has become such by reason of his name 
having been written on a ballot, and who has not 
had his name printed on a primary ballot by hav¬ 
ing had a nomination paper filed in his behalf, as 
provided in section 5 of this act; nor shall member¬ 
ship in any such convention be granted to the 
nominee of any party if such nominee has not 
stated his affiliation with such party in his af¬ 
fidavit of registration used at such primary elec- 


DIRECT PRIMARY LAW 


355 


tion, and, in every such case, a vacancy in the 
membership of such convention shall be deemed to 
exist; and any such vacancy thereby existing or 
existing because no nomination for such office has 
been made, or for any other cause, shall be filled 
as hereinafter provided. Each candidate who has 
received the nomination of more than one party 
for a congressional, state, or legislative office shall 
procure from the county clerk of the county in 
which he resides, a certificate stating the party 
with which such candidate was affiliated thirty- 
five days before the date of the primary election, 
as shown by the affidavit of registration of such 
candidate in the office of such county clerk; and 
this certificate shall be the credentials of such 
candidate to membership in the convention of his 
party. In any senatorial district represented by a 
hold-over senator there shall be chosen at such 
primary election by the electors of each political 
party other than the party which the hold-over 
senator was affiliated with and nominated by, 
one delegate to the state convention, who 
shall have nomination papers -circulated in his 
behalf, shall have his name placed upon the bal¬ 
lot, and shall be chosen in the same manner as a state 
senator is nominated from any senatorial district; 
but no such delegate shall be disqualified by reason 
of holding any office, nor shall any filing fee be re¬ 
quired in order to have his name placed upon the 
ballot. The term “ hold-over senator” as herein 
used shall apply to a state senator whose term of 
office extends beyond the first Monday in January 
of the year next ensuing after the primary election, 
and the term il hold-over senatorial district” shall 
apply to the district represented by such hold-over 
senator. 

In the event that there shall not have been filed 
any nomination paper for a candidate for any 
congressional or state office or office of senator 
or assemblyman or delegate from a hold-over sena¬ 
torial district by the electors of any political party, 
or in the event that the nominee of any party for 


356 


DIRECT PRIMARY LAW 


such office has not declared his affiliation with 
such party as herein provided, or in the event of the 
death of the candidate prior to the convention, the 
vacancy thus created in the state convention of 
such party shall be filled as follows: 

(a) If the vacancy occurs in a senatorial or as¬ 
sembly district situated wholly within the limits 
of a single county or city and county, by appoint¬ 
ment by the newly elected county central committee 
of such party in such county or city and county. 

(b) If the vacancy occurs in a senatorial or as¬ 
sembly district comprising two or more counties, by 
appointment by the newly selected chairman of the 
several newly elected county central committees of 
such party in such counties. 

(c) If a vacancy occurs in a congressional state 
office, by appointment by the state central com¬ 
mittee of such party. 

Such delegate so appointed shall present to the 
convention credentials signed by the chairmen and 
the secretary of the appointing committee, or by the 
appointing chairmen of the several committees, as 
the case may be. 

3. Each state central committee may select an 
executive committee, to which executive committee 
it may grant all or any portion of its powers and 
duties. It shall choose its officers by ballot and 
each committee and its officers shall have the power 
usually exercised by such committees and the 
officers thereof in so far as may be consistent with 
this act. The various officers and committees now 
in existence shall exercise the powers and perform 
the duties herein prescribed until their successors 
are chosen in accordance with the provisions of this 
act. 

4. At each August primary election there shall 
be elected in each county or city and county a 
county central committee for each political party, 
which shall have charge of the party campaign 
under general direction of the state central com¬ 
mittee or of the executive committee selected by 
such state central committee. In any city and 


DIRECT PRIMARY LAW 


357 


county containing more than ten assembly dis¬ 
tricts the county central committee of such party 
shall be elected by each assembly district and shall 
consist of five members from each assembly dis¬ 
trict in such city and county. In all counties con¬ 
taining five or more assembly districts the county 
central committee of such party shall be elected 
by assembly districts and shall consist of one mem¬ 
ber for each seven hundred votes or fraction 
thereof in each such assembly district cast for 
such party’s candidate for governor at the last 
general election at which a governor was elected. 
In all counties containing less than five assembly 
districts the county central committee shall be 
elected by supervisor districts, and the number to 
be elected from any supervisor district shall be 
determined as follows: the number of votes cast 
in such supervisor district for such party’s can¬ 
didate for governor at the last general election 
at which such governor was elected shall be divid¬ 
ed by. one-twentieth of the number of votes cast 
for such governor in such county; and the integer 
next larger than the quotient obtained by such 
division shall constitute the number of members of 
the county central committee to be elected by such 
party in said supervisor district. The county clerk 
or registrar of voters in each county or city and 
county shall, between the first Monday and the 
second Monday of June next preceding the primary 
election, compute the number of members of the 
county central committee allotted to each assembly 
district or supervisor district, as the case may be, 
by the provisions of this subdivision. Each candi¬ 
date for member of a county central committee 
shall appear upon the ballot upon the filing of a 
nomination paper according to the provisions of 
section five of this act, signed in his behalf by the 
electors of the political subdivision in which he is 
a candidate, as above provided; and the number 
of candidates to which each party is entitled, as 
hereinbefore provided, in each political subdivision, 
receiving the highest number of votes shall be de- 


358 


DIRECT PRIMARY LAW 


dared elected. Each county central committee 
shall meet in the court house at its county seat 
on the second Tuesday in September following the 
August primary election and shall organize by se¬ 
lecting a chairman, a secretary and such other of¬ 
ficers and committees as it shall deem necessary 
for carrying on the campaign of the party. [Amend¬ 
ed May 29, 1917.] 

Vacancies—How Filled. 

Sec. 25. No candidate whose nomination papers 
have been filed for any primary election can with¬ 
draw as a candidate at such primary election. No 
candidate nominated at any primary election can 
withdraw as a candidate at the ensuing general 
election except such as are permitted to withdraw 
by this section. In case as a result of any primary 
election a person has received a nomination to any 
office without first having nomination papers filed 
and having his name printed on the primary election 
ballot, he may at least thirty-one days before 
the day of election cause his name to be withdrawn 
from nomination by filing in the office where he 
would have filed his nomination papers had he been 
a candidate for nomination, his request therefor in 
writing, signed by him and acknowledged before 
the county clerk of the county in which he resides, 
and no name so withdrawn shall be printed on the 
election ballot for the ensuing general election. 
The vacancy created by the withdrawal of such 
person as aforesaid, or on account of the ineligibil¬ 
ity of such person to qualify as a candidate be¬ 
cause of the inhibitions of subdivision 9 of section 
5 of this act or of section 23 of this act, or by 
reason of the failure of a party to nominate any 
candidate for the office at the primary election, or 
for any other cause except the death of the can¬ 
didate occurring after the primary election shall 
not be filled. A vacancy by reason of the death 
of any candidate occurring after the holding of any 
primary election may be filled by the party com¬ 
mittee of the city, county, city and county, or 


DIRECT PRIMARY LAW 


359 


state, as the case may be, unless such vacancy 
occurs among candidates chosen at the primary 
election to go on the ballot for the succeeding 
general election for a judicial, school, county, town¬ 
ship, or municipal office according to the provisions 
of section twenty-three of this act, in which case 
that candidate receiving at said primary election 
the highest vote among all the candidates for said 
office who have failed to receive a sufficient num¬ 
ber of votes to get upon said ballot according to the 
provisions of said section twenty-three, shall go 
upon said ballot to fill said vacancy; provided, 
however, that if the vacancy occurs in a case where, 
by reason of having received a majority vote at 
the primary election, only one person is entitled 
to have his name printed upon the ballot at the 
ensuing November election, the names of the two 
candidates receiving the next highest vote at the 
primary election, if there were such number, shall 
be placed upon the ballot for the November elec¬ 
tion; and provided, further, that a vacancy author¬ 
ized to be filled by the provisions of this section 
shall only be so filled if such person has died and 
such vacancy has been filled and certified to the 
officer charged with the duty of printing the bal¬ 
lots twenty-five days before the day of election. 

Whenever a nomination paper containing a suf¬ 
ficient number of signatures has been filed for any 
person as a candidate to be voted for at a primary 
election, the name of such person must be printed 
upon the ballot or ballots of such primary election 
as hereinbefore provided in section twelve of this 
act, unless such person has died, and such fact has 
been ascertained, by the officer charged with the 
duty of printing the ballot, at least twenty-five 
days before the day of election. 

Whenever a candidate has been nominated at any 
primary election after having nomination papers 
filed, the name of such candidate must be printed 
upon the ballot at the ensuing general election 
unless such candidate has died and such fact has 
been ascertained, by the officer charged with the 


360 


DIRECT PRIMARY LAW 


duty of printing the ballots, at least twenty-five 
days before the day of election. 

Whenever, upon the death of any candidate, the 
vacancy thereby created is filled by a party com¬ 
mittee, a certificate to that effect shall be filed 
with the officer with whom a nomination paper 
for such office may be filed, and shall be accepted 
and acted upon by him as in the case of such nom¬ 
ination paper. [Amended May 29, 1917.] 

Tie Vote. 

Sec. 26. In case of a tie vote, if for an office to 
be voted for wholly within one county or city and 
county, the county, city and county or city board, 
as the case may be, shall forthwith summon the 
candidates who have received such tie votes to 
appear before such board, and such board in the 
presence of such candidates shall determine the tie 
by lot. In the case of a tie vote for an office to be 
voted for in more than one county, such tie shall 
be determined by lot by the secretary of state in 
the presence of the candidates or their legally ap¬ 
pointed representatives. Such summons must in 
every case be mailed to the address of the candi¬ 
date as it appears upon his affidavit of registration. 

Errors and Omissions. 

Sec. 27. Whenever it shall be made to appear by 
affidavit to the supreme court or district courts of 
appeal or superior court of the proper county that 
an error or omission has occurred or is about to 
occur in the placing of any name on an official pri¬ 
mary election ballot, that any error has been or is 
about to be committed in printing such ballot, or 
that any wrongful act has been or is about to be 
done by any judge or clerk of a primary election, 
county clerk, registrar of voters in any city and 
county, canvassing board or any member thereof, 
or other person charged with any duty concerning 
the primary election, or that any neglect of duty 
has occurred or is about to occur, such court shall 
order the officer or person charged with such 


DIRECT PRIMARY LAW 


361 


error, wrong or neglect to forthwith correct the 
error, desist from the wrongful act or perform the 
duty, or forthwith show cause why he should not 
do so. Any person who shall fail to obey the order 
of such court shall be cited forthwith to show cause 
why he shall not be adjudged in contempt of court. 

Contest—Procedure On. 

Sec. 28. Any candidate at a primary election, de¬ 
siring to contest a nomination of another candidate 
for the same office, may, within five days after the 
completion of the official canvass, file an affidavit 
in the office of the clerk of the superior court of the 
county in which he desires to contest the vote re¬ 
turned from any precinct or precincts in such 
county, and thereupon have a recount of the bal¬ 
lots cast in any such precinct or precincts, in ac¬ 
cordance with the proyisions of this section. Such 
affidavit must specify separately each precinct in 
which a recount is demanded, and the nature of the 
mistake, error, misconduct, or other cause why it is 
claimed that the returns from such precinct do not 
correctly state the vote as cast in such precinct, for 
the contestant and the contestee. The contestee 
must be made a party respondent, and so named 
in the affidavit. No personal service or other service 
than as herein provided need be made upon the con¬ 
testee. Upon the filing of such affidavit the county 
clerk shall forthwith post in a conspicuous place in 
his office, a copy of the affidavit. Upon the filing 
of such affidavit and the posting of the same, the 
superior court of the county shall have jurisdiction 
of the subject matter and of the parties to such 
contest, and all candidates at any such primary 
election are permitted to be candidates under this 
act, only upon the condition that such jurisdiction 
for the purposes of the proceeding authorized by the 
section shall exist in the manner and under the con¬ 
ditions provided for by this section. The contest¬ 
ant on the date of filing such affidavit, must send 
by registered mail a copy thereof to the con¬ 
testee in a sealed envelope, with postage prepaid, 
addressed to the contestee at the place of residence 


362 


DIRECT PRIMARY LAW 


named in the affidavit of registration of such con- 
testee, and shall make an affidavit of such mailing 
and file the same with the county clerk to become 
a part of the records of the contest. At any time 
within three days after the filing of the affidavit 
of the contestant to the effect that he has sent by 
registered mail a copy of the affidavit to the con¬ 
testee, such contestee may file with the county 
clerk an affidavit in his own behalf, setting up 
his desire to have the votes counted in any pre¬ 
cincts, designating them, in addition to the pre¬ 
cincts designated in the affidavit of the contest¬ 
ant, and setting up his grounds therefor. On the 
trial of the contest all of the precincts named in 
the affidavits of the contestant and the contestee 
shall be considered, and a recount had with refer¬ 
ence to all of said precincts; and the contestant 
shall have the same right to answer the affidavit 
of the c.ontestee as is given to the contestee herein 
with reference to the affidavit of the contestant 
except that such answer must be filed not later than 
the first day of the trial of said contest. On the 
eighth day after the completion of the official 
canvass the county clerk shall present the affi¬ 
davits of the contestant and the contestee and 
proof of posting, as aforesaid, to the judge of the 
superior court of the county, or any judge acting 
in his place, or the presiding judge of the superior 
court of a county or city and county, or any one 
acting in his stead, which judge shall, upon such 
presentation, forthwith designate the time and place 
where such contest shall proceed, and in counties 
or cities and counties where there are more than one 
superior judge, assign all the cases to one depart¬ 
ment by the order of such court. Such order must so 
assign such case or cases, and fix such time and place 
for hearing, which time must not be less than one 
nor more than three days from the presentation of 
the matter to the court by the county clerk as 
herein provided. It shall be the duty of the con¬ 
testee to apnear either in person or" by attorney, 
at the time and place so fixed, and to take notice 


DIRECT PRIMARY LAW 


363 


of the order fixing such time and place from the 
records of the court, without service. No special 
appearance of the contestee for any purpose ex¬ 
cept as herein provided shall be permitted, and 
any appearance whatever of the contestee or 
any request of the court by the contestee or his 
attorney, shall be entered as a general appearance 
in the contest. No demurrer or objection can be 
taken by the parties in any other manner than 
by answer, and all the objections must be contained 
in the answer. The court if the contestee shall 
appear, must require the answer to be made within 
three days from the time and place as above pro¬ 
vided, and if the contestee shall not appear shall 
note his default, and shall proceed to hear and de¬ 
termine the contest with all convenient speed. If the 
number of votes which are sought to be recounted, or 
the number of contests are such that the judge shall 
be of opinion that it will require additional judges 
to enable the contest or contests to be determined 
in time to print the ballots for the election, if there 
be only one judge for such county, he may obtain 
the service of any other superior judge, and the 
proceedings shall be the same as herein provided in 
counties where there is more than one superior 
court judge. If the proceeding is in a county or 
city and county where there is more than one supe¬ 
rior court judge, the judge to whom the case or 
cases shall be assigned, shall notify the presiding 
judge forthwith, of the number of judges which he 
deems necessary to participate, in order to finish 
the contest or contests in time to print the ballots 
for the final election, and the said presiding 
judge shall forthwith designate as many judges as 
are necessary to such completion of such contest, 
by order in writing and thereupon all of the judges 
so designated shall participate in the recount of 
such ballots and the giving of judgment in such 
contest or contests in the manner herein specified. 
The said judges so designated by said last men¬ 
tioned order, including the judge to whom said con¬ 
tests were originally assigned, shall convene upon 


364 


DIRECT PRIMARY LAW 


notice from the judge to whom such contest or con¬ 
tests were originally assigned, and agree upon the 
precincts which each one of such judges will re¬ 
count, sitting separately, and thereupon such re¬ 
count shall proceed before each such judge sitting 
separately, as to the precincts so arranged, in such 
manner that the recount shall be made in such pre¬ 
cincts before each such judge as to all the contests 
pending, so that the ballots opened before one judge 
need not be opened before another judge or depart¬ 
ment, and the proceedings before such judge in 
making such recount as to the appointment of the 
clerk and persons necessary to be assistants of the 
court in making the same, shall be the same as in 
contested elections, and the judge shall fix the pay 
or compensation for such persons and require the 
payment each day in advance, of the amount there¬ 
of by the person who is proceeding with and re¬ 
quiring the recount of the precinct being re¬ 
counted. When the recount shall have been 
completed in the manner herein required, if more 
than one judge has taken part therein, all the 
judges who took part shall assemble and make the 
decision of court, and if there be any differ¬ 
ences of opinion, a majority of such judges shall 
finally determine all such questions,^ and give the 
decision or judgment of the court in such contest 
or contests, separately. Such decision or judgment 
of the court shall be final in every respect, and no 
appeal can be had therefrom. The judgment shall 
be served upon the county clerk or registrar of 
voters by delivery of a certified copy thereof, and 
may be enforced summarily in the manner provided 
in section 27 of this act, and if the contest pro¬ 
ceeds in more than one county, and the nominee is 
to be certified by the secretary of state from the 
compilation of election returns in his office, then 
the judgment in each county in which a contest 
may be had shall show what, if any changes in 
the returns in the office of the secretary of state 
relating to such county or city and county, ought 
to be made, and all such judgments shall be served 


DIRECT PRIMARY LAW 


365 


upon the secretary of state, by the delivery of a 
certified copy, and he shall make such changes in 
the record in his office as such judgment or judg¬ 
ments require, and conform his compilation' and 
his certificate of nomination in accordance there¬ 
with. If the office contested is one to be voted 
upon in more than one county, the time within 
which such contest may be brought in any county in¬ 
volved shall begin to run at the time of the 
declaration of the official canvass by the board 
of supervisors of the county last making such 
declaration. [Amended May 29, 1917.] 

Legal Expenses of Candidate. 

Sec. 29. No candidate for nomination to any elect¬ 
ive office, including that of United States senator in 
congress, shall directly or indirectly pay, expend or 
contribute any money or other valuable thing, or 
promise so to do, except for lawful expenses. Law¬ 
ful expenses as used in this section are limited t 
expenses for the following purposes only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, circulating, and 
verifying of nomination papers. 

3. For the candidate’s personal traveling ex¬ 
penses. 

4. For rent and necessary furnishing of halls or 
rooms, during such candidacy, for public meetings 
or for committee headquarters. 

5. For payment of speakers and musicians at pub¬ 
lic meetings and their necessary traveling ex¬ 
penses. 

6. For printing and distribution of pamphlets, 
circulars, newspapers, cards, handbills, posters and 
announcements relative to candidates or political 
issues or principles. 

7. For his share of the reasonable compensation 
of challengers at the polls. 

8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters to and 
from the polls. 


366 


DIRECT PRIMARY LAW 


11. For postage, expressage, telegraphing, and 
telephoning, relative to candidacy. 

Verified Statement of Candidate. 

Sec. 30. Every person who shall be a candidate 
for nomination to any elective office, shall make in 
duplicate, within fifteen days after the primary 
election, a verified statement, setting forth each 
and every sum of money contributed, disbursed, ex¬ 
pended or promised by him, and, to the best of his 
knowledge and belief, by any and every other per¬ 
son or association of persons in his behalf wholly 
or partly in endeavoring to secure his nomination. 
This statement must show in detail all moneys paid, 
loaned, contributed, or otherwise furnished to him 
directly or indirectly in aid of his nomination, to¬ 
gether with the name of the person or persons from 
whom such moneys were received; and must also show 
in detail, under each of the subdivisions of section 29 
of this act, all moneys contributed, loaned, or ex¬ 
pended by him directly or indirectly by himself or 
through any other person, in aid of his nomination 
together with the name of the person or persons 
to whom such moneys were paid, or disbursed. 
Such statement must set forth that the affiant has 
used all reasonable diligence in its preparation, and 
that the same is true and is as full and explicit as 
he is able to make it. Within the time aforesaid 
the candidate shall file one copy of said statement 
with the officer with whom his nomination papers 
were filed, and the other with the recorder of the 
county or city and county in which he resides, who 
shall record the same in a book to be kept for that 
purpose, and to be open to public inspection. No 
officer shall issue any certificate of nomination to 
any person until such statement as herein provided 
has been filed, and no other statement of expenses 
shall be required except that provided herein, and no 
fee or charge whatsoever shall be made or collected 
by any officer for the verifying, filing or recording 
of such statements or a copy thereof. [Amended 
May 29, 1917.] 


DIRECT PEIMARY LAW 


367 


Violation—Penalty. 

Sec. 31. Any person violating any of the provi¬ 
sions of section 29 or section 30 of this act shall be 
guilty of a misdemeanor, and upon trial and con¬ 
viction thereof, in addition to the sentence imposed 
by the court, he shall forfeit all right to the office 
for which he was a candidate at the time of violat¬ 
ing the provisions aforesaid. 

Bribery—Failure to File Nomination Papers. 

Sec. 32. 1. .Any person who shall offer, or with 
knowledge of the same permit any person to offer 
for his benefit, any bribe to a voter to induce such 
voter to sign any nomination paper, and any person 
who shall accept such bribe or any promise of gain 
of any kind in the nature of a bribe as considera¬ 
tion for signing any nomination paper, whether 
such bribe or promise of gain in the nature of a 
bribe be offered or accepted before or after signing, 
shall be guilty of a misdemeanor and upon trial and 
conviction thereof shall be punished by a fine of not 
less than twenty-five dollars nor more than three 
hundred dollars, or by imprisonment in the county 
jail for not less than ten days nor more than one 
hundred and twenty days, or by both such fine and 
imprisonment. 

2. Any person who, being in possession of any 
nomination paper or papers and affidavits entitled 
to be filed under the provisions of this act, shall 
wrongfully either suppress, neglect or fail to cause 
the same to be filed at the proper time and in the 
proper place shall be guilty of a misdemeanor, and 
upon trial and conviction thereof shall be punished 
by a fine of not less than one hundred dollars nor 
more than five hundred dollars, or by imprisonment 
in the county jail for not less than thirty days nor 
more than six months, or by both such fine and im¬ 
prisonment. 

3. Any act or omission declared to be an offense 
by the general laws of this state concerning pri¬ 
maries and elections shall also in like case be an 
offense concerning primary elections as provided for 


368 


DIRECT PRIMARY LAW 


by this act, and shall be punished in the same man¬ 
ner and form as therein provided, and all the pen¬ 
alties and provisions of the law governing elections, 
except as herein otherwise provided, shall apply in 
equal force to primary elections as provided for by 
this act. 

Forms Shall Be Prepared. 

Sec. 33. It shall be the duty of the secretary of 
state and the attorney general to prepare on or be¬ 
fore September 1 , 1917, all forms necessary to carry 
out the provisions of this act, which forms shall be 
substantially followed in all primary elections held 
in pursuance hereof. [Amended May 29, 1917.] 

Name of Act. 

Sec. 34. This act shall be known as the direct pri¬ 
mary law. 

Validity of Act. 

Sec. 35. If any section, subdivision, sentence, 
clause, or phrase of this act is for any reason held 
to be unconstitutional, such decision shall not affect 
the validity of the remaining portions of this act. 
The legislature hereby declares that it would have 
passed this act, and each section, subdivision, sen¬ 
tence, clause, and phrase thereof, irrespective of 
the fact that any one or more other sections, subdi¬ 
visions, sentences, clauses, or phrases be declared 
unconstitutional. 

Conflicting Acts Repealed. 

Sec. 36. The act approved April 7, 1911, known 
as the direct primary law, and also the act ap¬ 
proved December 24, 1911, amending sections 1, 3, 
5, 7, 10, 12, 13, 22, 23, and 24 of the said direct pri¬ 
mary law, are hereby repealed, and all other acts 
or parts of acts, inconsistent with or in conflict with 
the provisions of this act, are also hereby repealed- 

[Approved June 16, 1913.] 
























































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